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BU231 > Midterm (4-10) > Flashcards

Midterm (4-10) Flashcards

1
Q

strict liability

A

liability that is imposed based on causation regardless of fault

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2
Q

fault

A

unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others

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3
Q

public policy

A

economic, social, and political considerations or objectives that are believed to be beneficial to society as a whole

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4
Q

no-fault insurance

A

a system of compulsory insurance that eliminates fault as a basis for claims

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5
Q

worker’s compensation

A

a scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents regardless of how the accident was caused

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6
Q

vicarious liability

A

the liability of an employer to compensate for torts committed by an employee during the course of his/her employment

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7
Q

trespass

A

unlawful entering or remaining on the land of another without permission

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8
Q

assault

A

the threat of violence to a person

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9
Q

battery

A

unlawful physical contact with a person

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10
Q

public nuisance

A

interference with the lawful use of public amenities

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11
Q

private nuisance

A

interference with an occupier’s use and enjoyment of her/his land

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12
Q

false imprisonment

A

unlawfully restraining or confining another person

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13
Q

false arrest

A

causing a person to be arrested without reasonable cause

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14
Q

malicious prosecution

A

causing a person to be prosecuted for a crime without an honest belief that the crime was committed

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15
Q

defamation

A

making an untrue statement that causes injury to the reputation of another person

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16
Q

libel

A

written defamation

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17
Q

slander

A

spoken defamation

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18
Q

absolute privilege

A

complete immunity from liability for defamation

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19
Q

qualified privilege

A

immunity from liability for defamation provided a statement was made in good faith

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20
Q

responsible communication on matters of public interest

A

a defence to defamation when the publication of the statement is in the public interest and was done responsibly

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21
Q

inducing breach of contract

A

intentionally causing one party to breach his contract with another

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22
Q

unlawful interference with economic relations

A

attempting by threats or other unlawful means to induce one person to discontinue business relations with another

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23
Q

unlawful means

A

civil action available under common law

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24
Q

product defamation

A

making false and damaging statements about the products of another person

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25
Q

negligence

A

the careless causing of injury to the person or property of another

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26
Q

duty of care

A

a relationship so close that one could reasonably foresee causing harm to another

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27
Q

standard of care

A

the level of care that a person must take in the circumstances

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28
Q

causation

A

injury resulting from the breach of the standard of care

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29
Q

remote

A

unrelated or far removed from the conduct

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30
Q

contributory negligence

A

a partial defence to a negligence action when the plaintiff’s or another defendant’s conduct also contributed to the injury

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31
Q

mitigate

A

duty to act reasonably and quickly to minimize the extent of damage suffered

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32
Q

voluntary assumption of risk

A

a defence to a negligence action when the plaintiff was aware of the risk and continued with the activity anyway

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33
Q

subrogation

A

where one person becomes entitled to the rights and claims of another

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34
Q

product liability

A

a negligence tort imposing liability on manufacturers for harm caused by defective products

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35
Q

circumstantial evidence principle

A

a prima facie case pf negligence may be established by drawing reasonable interferences from the circumstances surrounding the product manufacture and failure

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36
Q

duty to warn

A

manufacturer’s responsibility to make users aware of the risks associated with the use or misuse of the product

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37
Q

occupier’s liability

A

a negligence tort imposing liability on occupants of land for harm suffered by visitors to the property

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38
Q

invitee

A

a person permitted by an occupier to enter premises for business purposes

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39
Q

licensee

A

a visitor (other than an invitee) who enters premises with the consent of the occupier

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40
Q

damages

A

a sum of money awarded as compensation for loss or injury

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41
Q

punitive or exemplary damages

A

damages awarded with the intention of punishing the wrongdoer

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42
Q

special damages

A

damages to compensate for quantifiable injuries

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43
Q

general damages

A

damages to compensate for injuries that cannot be precisely expressed in monetary terms

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44
Q

restitution

A

in order to restore property wrongfully taken

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45
Q

injunction

A

a court order restraining a person from doing, or continuing to do a particular act

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46
Q

mandatory injunction

A

an order requiring a person to do a particular act

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47
Q

fiduciary duty

A

a duty imposed on a person who’s stands in a special relation of trust and loyalty to another

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48
Q

conflict of interest

A

a situation where a duty is owed to a client shoes interests conflict with the interests of the professional, another client, or another person to whom a duty is owed

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49
Q

third-party liability

A

liability to some other person who stands outside a contractual relationship

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50
Q

duty to account

A

the duty of a person who commits a breach of trust to hand over any profits derived from the breach

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51
Q

deceit

A

an intentional tort imposing liability when damage is caused by a false statement made with the intention of misleading another person

52
Q

fraudulent misrepresentation

A

deceit

53
Q

negligent misrepresentation

A

an unintentional tort imposing liability when an incorrect statement is made without due care for its accuracy, and injury is caused

54
Q

disclaimer

A

an express statement to the effect that the person making it takes no responsibility for its accuracy

55
Q

indeterminate liability

A

inability to be determined so that the magnitude of liability cannot be reasonable predicted, anticipated, or planned for

56
Q

reliance

A

acting in a certain way because one believed the info received

57
Q

detrimental reliance

A

the worsening of one’s situation after acting upon false information

58
Q

code of conduct

A

a common standard of behaviour that may take the form of a values statement or a prescribed set of rules often used by a professional organization setting out the duties and appropriate standards of behaviour to be observed by its members

59
Q

privilege

A

the right of a professional to refuse to divulge information obtained in confidence from a client

60
Q

contract

A

a set of promises that the law will enforce

61
Q

offer

A

a description of a promise one party is willing to make, subject to the agreement of the other party

62
Q

standard form contract

A

an offer prepared in advance by the offeror including terms favourable to the offeror that cannot be changed by the offer but must be accepted as is or rejected in its entirety

63
Q

lapse

A

the termination of an offer when the offer fails to accept it within a specified time, or within a reasonable time

64
Q

option

A

a contract to keep an offer open for a specified time in return for a sum of money

65
Q

exercise an option

A

accept the offer contained in an option

66
Q

negative option billing

A

a practice of adding services and sending bills without request and rely upon the customer to cancel if they don’t wish the service

67
Q

inviting tenders

A

seeking offers from suppliers

68
Q

standing offer

A

an offer that may be accepted as needed from time to time

69
Q

elements of a negligence action

A
  1. defendant owed a duty of care to plaintiff
  2. defendant breached the required standard of care
  3. plaintiff suffered injury or damage
  4. defendant’s conduct was the cause to the damage
70
Q

3 defences applicable to negligence actions

A
  1. contributory negligence
  2. voluntary assumption of risk
  3. failure to mitigate damage
71
Q

3 other types of negligence

A
  1. product liability
  2. duty to warn
  3. occupier’s liability
72
Q

5 requirements for proving negligent misrepresentation

A
  1. duty of care based on special relationship between representor and representee
  2. representation in question must be untrue, misleading, inaccurate
  3. representor must have acted negligently in making the misrepresentation - fallen below standard of care
  4. represented must have relied on the negligent misrepresentation
  5. reliance must have been detrimental to the representee in the sense that damages resulted
73
Q

4 ways an offer comes to an end

A
  1. lapse
  2. offeror revokes offer before acceptance
  3. offeree rejects offer/makes counter offer
  4. offeree accepts
74
Q

jurisdiction

A

the province, state, or country whose laws apply to a particular situation

75
Q

bilateral contract

A

a contract where offeror and offeree trade promises and both are bound to perform later

76
Q

promisor

A

party who is under obligation to perform a promise

77
Q

promisee

A

a party who has the right to performance according to terms of contract

78
Q

breach of contract

A

a cause of action where a party to the contract claims that the other party has not fulfilled its promises

79
Q

unilateral contract

A

contract in which the offer is accepted by performing an act or series of acts required by the terms of the offer

80
Q

subsidiary promise

A

an implied promise that the offeror will not revoke once the offeree begins performance in good faith

81
Q

bargain

A

each party pays a price for the promise of another

82
Q

consideration

A

the price for which the promise of the other is bought

83
Q

gratuitous promise

A

a promise made without bargaining for or accepting anything in return

84
Q

past consideration

A

a gratuitous benefit previously conferred upon a promisor

85
Q

moral cause

A

moral duty of promisor to perform his promise

86
Q

gratuitous reduction of debt/mercantile law amendment act

A

once a part accepts a lower payment of a debt owed, the entire debt is extinguished

87
Q

equitable estoppel

A

estop a promisor from claiming that she was not bound by her gratuitous promise where reliance on that promise caused injury to the promisee

88
Q

3 elements of equitable estoppel

A
  1. legal relationship pre-existing between parties
  2. one of parties promises to release the other from some/all of the other’s legal duties to him
  3. other party, in reliance to that promise, acts in a way that alters his position and would make it a real hardship if the promisor reneges on his promise
89
Q

injurious reliance

A

loss or harm suffered by a promisee who, to his detriment, relied reasonably on a gratuitous promise

90
Q

document under seal

A

a convenient recorded in a document containing a wax seal, showing that the covenantor adopted the document as his act and deed

91
Q

deed

A

document under seal

92
Q

legal capacity

A

competence to bind oneself legally

93
Q

repudiate

A

reject or declare an intention not to be bound by

94
Q

beneficial contracts of service

A

contracts of employment found to be for a minor’s benefit

95
Q

voidable contract

A

a contract that may be rendered non-binding at the option of one of the parties/court

96
Q

ratifies

A

acknowledges and promises to perform

97
Q

void

A

never formed in law

98
Q

representative action

A

an action brought by one or more persons on behalf of a group having the same interest

99
Q

arbitration agreements

A

contracts that require all disputes to be resolved in arbitration, not the courts

100
Q

common law

A

precedents developed over time from the decisions of many cases

101
Q

agreements in restraint of trade

A

non-competition agreements that diminish competition are against public policy

102
Q

restrictive covenant

A

a term in restraint of trade e.g. promise not to carry on a competing business activity

103
Q

the exception of agreements in restraint of trade

A

must prove to be reasonable as to restricted activity, geographic area, and time period

104
Q

equitable relief

A

a discretionary remedy first developed by the courts of equity to undo an injustice

105
Q

rescind

A

set aside; undo or revoke a contract and return the parties as nearly as possible to their original positions

106
Q

unilateral mistake

A

only one of the parties believes there is a mistake

107
Q

common mistake

A

both parties believe in the same mistake

108
Q

rectification

A

correction of a written document to reflect accurately the contract made by the parties

109
Q

mutual mistake

A

both parties believe a mistake exists, but their understandings of the mistake are different

110
Q

non est factum

A

not my doing; defence only available to someone who, as a result of misrepresentation, has signed a document mistaken as to its nature and who has not been careless in doing so
- not valid defence to people who are careless

111
Q

utmost good faith

A

a duty of disclosure owed when a special relationship of trust exists between the parties

112
Q

undue influence

A

the domination of one party over the mind of another to such a degree as to deprive the weaker party of the will to make an independent decision

113
Q

unconscionable contracts

A

contracts where there is unequal bargaining power between the parties and the powerful party gets and advantage

114
Q

duress

A

actual or threatened violence or imprisonment as a means of coercing a party to enter into a contract

115
Q

entirety clause

A

term in a contract stating that the whole agreement is contained in the written documents and that there are no other terms

116
Q

indemnity

A

a promise by a third party to be primarily liable to pay the debt

117
Q

executor

A

legal representative of the estate of a dead person

118
Q

part performance

A

performance undertaken in reliance on an oral contract relating to an interest in land, and accepted by the courts as evidence of the contract in place of a written memorandum

119
Q

unenforceable contract

A

a contract that still exists for other purposes but neither party may obtain a remedy under it through court action

120
Q

plain meaning

A

dictionary definition of words

121
Q

liberal meaning

A

looks at beyond plain meaning, looks at surrounding circumstances

122
Q

contra proferentem

A

rule of contract interpretation that prefers the interpretation of a clause that is least favourable to the party that drafted the clause

123
Q

parol evidence rule

A

a rule preventing a party to a written contract from later using parol evidence to add to, subtract from, or modify the final written contract

124
Q

condition precedent

A

any set of circumstances or events that the parties demand must be satisfied or must happen before their contract takes effect

125
Q

4 exceptions to parol evidence

A
  1. written agreement does not contain whole agreement
  2. missing term is part of a subsequential oral agreement
  3. missing term is part of a collateral agreement for which there is separate consideration
  4. missing term is a condition precedent to the written agreement

BU231 (4 decks)

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