Topic 2: Chapter 28 Terminology Flashcards
Assault
A tort and a form of trespass involving an intentional act by the defendant which the plaintiff reasonably believes is going to place them in imminent danger of harm, an action without the need for proof of damage.
Battery
A tort and a form of trespass involving any direct intentional contact or application of force to the body of another without consent and actionable without proof of damage.
Breach of Confidence
A breach of trust relating to a breach of privacy.
Chattels
The goods or property of a person.
Conspiracy
The unlawful combination of two or more persons to act contrary to law or do something which is wrongful or harmful towards another person.
Contributory Negligence
Is the negligence caused by the injured party who is claiming damages; a court will reduce the assessment of damages payable by the amount attributable to the fault of injured party.
Conversion
A tort action for the value of goods, available to any person who as a right to immediate possession of the goods against anyone who is intentionally denying the plaintiff the right to the goods.
Damnum Absque Injuria
Suffering a loss without injury, a tort even though there is no loss.
Deceit
A tort committed by a defendant who knowingly or recklessly makes a false representation with the intention of causing harm to another party.
Defamation
A false statement about a person that is likely to damage their reputation in the community (and in some States comprises the two torts of libel and slander).
Detinue
A tort action by a person entitled to immediate possession of goods from the defendant, who despite a damand for their return, is refusing to return the goods to their rightful owner.
False Imprisonment
A tort and a form of trespass where the defendant intentionally and directly places a total restraint upon the freedom of the plaintiff. This tort is actionable without proof of damage.
Frolic
An action by an employee which is totally without permission of the employer and outside a normal work function.
Injuria Sine Damno
A legal wrong that causes no actual damage to anyone.
Intimidation
Where the plaintiff is coerced by threats of violence or unlawful acts for which they suffer some loss.
Libel
Defamation in permanent form (eg, letter, film, book, newspaper and internet).
Negligence
An action in tort, actionable by a party suffering damage as a result of the defendant’s owing him or her a duty of care and breaching that duty, causing damage as a consequence.
Novus Actus Interveniens
A new or intervening event that breaks the chain of causation.
Nuisance
An indirect harm involving unreasonable interference with the use and enjoyment of land and may be either public or private.
Passing Off
A form of misrepresentation where a party assumes elements of another business’s identity or goodwill.
Per Se
By the very fact (without the need for intention).
Private Nuisance
A tort involving an indirect interference by the defendant with the plaintiff’s use or enjoyment of their land.
Procuring Breach of Contract
Where it can be demonstrated that another party induced a party to breach their obligations under an existing agreement.
Public Nuisance
A tort involving substantial and unreasonable interference with a public or common right of a class of the population
