QUIZ1 Flashcards
define statute law
law created by legislation- gov of cad/ prov of bc
define common law
laws created by court decisions- precedent law, case law
define tort & classes
characterizes a wrong committed by 1 person against another, their property/reputation;
2 classes; -public wrongs/ wrongs against society, -private wrongs/wrongs against the individual
define ‘employer vicarious liability’
employer’s liability for their employee’s acts during business
define assault vs battery
assault- threat of violence/injury to someone
battery- unlawful touching/striking of someone
define false imprisonment
-restricting the freedom of another
-doesn’t have to be physical (can be threatened)
eg) someone suspected to have stolen gets seized
false imprisonment exceptions?
-person may restrain another when they’re in the process of doing the crime
-person may restrain another if they restrained the WRONG person & had reason to believe so
define defamation
-false statements that damage persons reputation; libel/slander
slander vs libel
*slander
-verbal stmnts/gestures to injure rep.
-local, easily forgotten
*libel
-published/eg. TV, internet, print
-globalized, permanent
define trespass
tort of injuring someone/trespassing land/seizing or damaging good of another
define conversion
refusal to give back personal property to rightful owner
define slander of goods
stmnt claiming that a competitor’s goods are defective/bad/injurious to a consumer
define injurious falsehood
false stmnts abt firm/its products/practices in order for others from doing business w them
define slander of title
false stmnt abt someone’s rights to owning a good
eg. claiming that goods were stolen and then put up for sale
define deceit
person induces another to enter a contract using false stmnts/ fraudulent representation
define fraudulent conversion
-obtaining goods under false pretenses
eg. person obtains goods by pretending to be agent of a loyal customer,, giving fraudulent cheque
Define duty of care
Duty not to injure another
Define causation or proximate cause
The direct cause of injury by defendant
Define chain of causation
The diff variables or chain of events that can pertain to someone’s injuries
Eg) having minor injuries from a fall, and otw to the hospital, getting into a car accident . Car accident is the proximate cause of the injuries
Define strict liability
Responsibility for loss regardless of circumstances
Define vicarious liability
Someone held liable for the acts of another
Eg) employer for employee
Define res ipsa loquitor
“Thing speaks for itself”
Define occupiers liability and classes
Occupiers obligation to protect who enters property
-invitees; friends fam customers etc
-licensees; ppl given permission
-trespassers; ppl not allowed on property
Define voluntary assumption of risk
Injured party may have also contributed to their own injury
