Module 3: Tort Law

Question 1

distributive justice

Answer 1

distributing wealth; concerned with tort law. on the burden of proof must prove there is a balance of probabilities

Question 2

retributive justice

Answer 2

criminal law; concerned with punishment and holding ppl accountable. burden of proof is now to prove beyond a reasonable doubt

Question 3

strict liability

Answer 3

defendant is liable no matter what (irrespective of proof of negligence)

Question 4

worker’s compensation

Answer 4

injured at the job; an exception of tort law being fault-based compensation

Question 5

automobile insurance

Answer 5

example of exception of tort law being fault-based (no fault required - you will be compensated regardless)

Question 6

vicarious liability

Answer 6

employers are legally responsible for the wrongful acts of their employees who are acting in the scope of their employment (not based on fault, but based on the RELATIONSHIP at fault)

Question 7

tort of trespass

Answer 7

intentionally entering someone’s property w/o consent. in order to succeed, plaintiff needs to prove defendant was on property w/o consent - burden of proof is on plaintiff until they are successful (shifts to defendant); actionable PERSE (damages need not be proved)

Question 8

tort of nuisance

Answer 8

any activity on an occupier’s property that unreasonably and substantially interferes w/ the neighbour’s rights to enjoyment of the neighbour’s own property (i.e. noise, ashes, unpleasant odours)

Question 9

tort of assault, battery

Answer 9

battery: touching someone w/o consent
assault: THREATENING to touch someone w/o consent

Question 10

tort of conversion

Answer 10

dealing with goods in a manner that is inconsistent with the owners rights (i.e. if is tole your laptop and sold it to your neighbour, crime is theft but tort is conversion)

Question 11

tort of defamation

Answer 11

saying untrue statements which harm’s someone’s reputation. spoken = slander, written = libel

Question 12

tort of conspiracy

Answer 12

entering into a contract for the purposes of doing something illegal; even if you’re not the one doing the illegal thing, you could be held liable if you entered into a contract who did the illegal thing (though there must be intent)

Question 13

tort of fraud

Answer 13

the making of a false statement knowingly causing damages i.e. misrepresentation

Question 14

tort of false imprisonment

Answer 14

unlawful detention or physical restraint or coercion by psychological means

Question 15

tort of malicious prosecution

Answer 15

prosecuting someone without a belief in their guilt

Question 16

inducing breach of contract (interference with contractual relations)

Answer 16

business-related tort paying someone to breach a contract

Question 17

intentional interference w/ economic relations

Answer 17

business-related tort paying someone not to do business with someone else

Question 18

injurious falsehood / malicious falsehood

Answer 18

business-related tort like defamation, but for business or products. i.e. making untrue statements intentionally about the iphone

Question 19

invasion of privacy

Answer 19

business-related tort

Question 20

contributory negligence

Answer 20

defence argues plaintiff was negligent

Question 21

voluntary assumption of risk

Answer 21

waivers, limitation clauses; argument that plaintiff voluntarily consented to risk (if this is proved, plaintiff is completely out of luck so it’s rare)

Question 22

product liability

Answer 22

manufacturer of products owes a duty of care to the consumers of those products

Question 23

occupier’s liability

Answer 23

owners of land owe a duty of care to guests (even trespassers)

Question 24

alcohol-related liability

Answer 24

people who serve alcohol (commercial hosts) have standard of care to those who consume it. includes social hosts (people hosting a party); business-related holiday parties must be extra careful

Question 25

professional liability

Answer 25

experts owe a duty of care to people who rely on their advice (RELIANCE is key); misrepresentation that is fraudulent or negligent can be held liable in tort law. experts negligent for what they didnt do

Question 26

primary liability

Answer 26

liability that arises due to one’s own personal wrongdoing

Question 27

tort-feasor

Answer 27

a person who commits a tort

Question 28

joint tort-feasors

Answer 28

two or more persons whom a court has held to be jointly responsible for the plaintiff’s loss or injuries

Question 29

pecuniary damages

Answer 29

compensation for out of pocket expenses, loss of future income, and cost of future care (tangible)

Question 30

non-pecuniary damages

Answer 30

compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy. also called general damages (intangible)

Question 31

aggravated damages

Answer 31

compensation for intangible injuries such as distress and humiliation caused by the defendant’s reprehensible (and plaintiff’s unlawful) conduct i.e. when store defective unlawfully restrains a customer, they have committed the tort of false imprisonment. if they also yelled insults humiliating the person, then court can award aggravated damages

Question 32

prima facie

Answer 32

at first sight or on first appearances

Question 33

proximity

Answer 33

parties are in such a close and direct relationship that it would be “just and fair having regard to that relationship to impose a duty of care in law”

Question 34

thin skull rule

Answer 34

the principle that a defendant is liable for the full extent of a plaintiff’s injury even where a prior vulnerability makes the harm more serious that it otherwise might be

Question 35

pure economic loss

Answer 35

financial loss that results from a negligent act where there has been no accompanying property or personal injury damage to the person claiming the loss

Question 36

volenti non fit injuria

Answer 36

voluntary assumption of risk

Question 37

contractual entrant

Answer 37

any person who has paid (contracted) for the right to enter the premises

Question 38

invitee

Answer 38

any person who comes onto the property to provide the occupier with a benefit

Question 39

licensee

Answer 39

any person whose presence is not a benefit to the occupier but to which the occupier has no objection

Question 40

legal authority

Answer 40

the authority by law to detain under section 494 of the Criminal Code

Question 41

passing off

Answer 41

presenting another’s goods or services as one’s own

Question 42

justification

Answer 42

a defence to defamation based on the defamatory statement being substantially true

Question 43

qualified privilege

Answer 43

a defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it i.e reference letter

Question 44

fair comment

Answer 44

a defence to defamation that is established when the plaintiff cannot show malice and the defendant can show that the comment concerned a matter of public interest, was factually based, and expressed a view that could honestly be held by anyone i.e. a restaurant review

Question 45

responsible communication on matters of public interest

Answer 45

defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest” and (2) the publisher was diligent in trying to verify the allegation

Question 46

absolute privilege

Answer 46

a defence to defamation in relation to parliamentary or judicial proceedings