Midterm 2 Flashcards
______ _____ arises when the plaintiff is at least partially responsible for the harm that has occurred
(hint: a defense to negligence)
contributory negligence
_____ damages is compensation for out-of-pocket expenses, loss of future income, and cost of future care
Pecuniary
_____ damages is compensation for pain & suffering, loss of enjoyment of life and loss of life expectancy
Non-pecuniary
____ damages = award to plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct
Punitive
_____ damages = compensation for intangible injuries such as distress, and humiliation caused by the defendant’s reprehensible conduct
aggravated
_____ is intentional infliction of harmful or offensive physical conduct
battery
4 steps in negligence action
- did defendant owed the plaintiff a duty of care
- did defendant breached the duty of care
- did defendant’s careless act caused the plaintiff damage
- were caused losses to the plaintiff too remote? Can causation be proved?
When the plaintiff agreed to accept both the physical and legal risk of the activity in question, this is known as _______
voluntary assumption of risk
____ liability = principle that liability will be imposed irrespective of proof of negligence
strict
___ is any person with a legal right to occupy premises or has some control over land or buildings on that land
occupier
______ ___ = someone who has contracted and paid for the right to enter the premises
contractual entrant
–> going to concert, paid for ticket (contract) to be there
_____ is someone whose presence on the property is of benefit to the occupier (e.g. store customer)
invitee
______ is threat of imminent physical harm by disturbing someone’s sense of security
assault
Tort of ___ _____ = unlawful detention or physical restraint or coercion by psychological means
False Imprisonment
Tort of ___ ___ = one person presents another’s goods or services as their own
Passing Off
