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
____ is public utterance of a false statement that harms another’s reputation
Defamation
- -> Slander = oral
- -> Libel = written
_____ privilege = defamatory statement being relevant, without malice, and communicated only to a party who has relevant interest in receiving it (defense to defamation)
qualified
____ privilege = freedom of expression is so vital in such venues that no successful defamation action can be brought (defense to defamation)
absolute
____ comment permits another person to offer commentary on “matters of public interest”, despite the commentary being defamatory
fair
_____ falsehood = utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services
injurious
Legal ingredients of a contract?
offer and acceptance, consideration, capacity to contract, intention
______ is withdrawal of an offer at any time
revocation
___ is expiration of an offer after a specified or reasonable period
lapse
_____ is refusal to accept an offer
rejection
______ estoppel: concept that a promise can be legally upheld after a promisee has suffered a loss as a result of relying on that promise (similar to equitable estoppel)
promissory
____ ____ clause is a term in the contract in which the parties agree that their contract is complete as written
Entire Contract
–> used to ensure application of the parole evidence rule
Condition _____ - condition that WHEN it occurs, brings an existing contract to an end
subsequent
Condition ____ - condition that UNTIL is occurs, suspends the parties’ contractual obligations to perform their contractual obligations
precedent
____ clause: capping the total losses a party can be liable for
limitation for liability
____ clause: identifies events causing loss for which there is no liability
exemption
_______ clause: specifies how much one party must pay another in the event of a breach
liquidated damages
