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Legal English Terminology > Tort Law > Flashcards

Tort Law Flashcards

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Proverbs and Idioms flashcards
1
Q

Action

A

a claimant brings an action (or sues)

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2
Q

aggravated damages

A

damages given to the claimant in excess of exact compensation, because the defendant behaved badly

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3
Q

amenity damage

A

not physical damage, but nuisance that interferes with enjoyment of property (smells, noises)

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4
Q

antitrust law

A

US: competition law (mededingingsrecht)

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5
Q

assault

A

the defendant causes the claimant to believe he is going to commit a battery

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6
Q

assumption of a duty

A

although there is no legal duty of care, the defendant voluntarily assumed a duty of care and thus becomes liable if he is negligent

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7
Q

assumption of the risk

A

defence in the US that the plaintiff had accepted and consented to the risk of injury

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8
Q

award

A

damages are awarded to the claimant

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9
Q

balance of probabilities

A

standard of proof in UK civil cases.

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10
Q

battery

A

interfering with a person. There must be some sort of contact, but injury is not necessary

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11
Q

breach of a duty of care

A

failing to perform a duty of care

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12
Q

breach of confidence

A

UK law imposes a duty of confidence on a person that receives confidential information.

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13
Q

break the chain of causation

A

another action breaks the chain of causation between the act and the harm suffered

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14
Q

burden of proof

A

obligation to prove facts in court. It is usually on the claimant but can shift to the other party, for instance in the case of res ipsa loquitur

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15
Q

but for rule

A

rule of causation. The claimant must show he would not have suffered the injury but for the acts of the defendant

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16
Q

causation

A

a link between the act and the damage

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17
Q

chattel

A

personal property (rather than real property)

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18
Q

chose in action

A

a personal right that can be enforced as if it were property. It is a thing recoverable by a lawsuit rather than a thing in actual possession, for instance damages if a contract is breached

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19
Q

comparative negligence

A

US term. the negligence of both parties is compared and the damages will be calculated pro rata (like 6:101 BW)

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20
Q

compensatory damages

A

an amount awarded to the claimant to recompense his damage suffered

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21
Q

consumer protection

A

tort law protects customers against defective products that have caused damage

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22
Q

contemptuous damages

A

an insignificant amount is awarded when the claimant has won the case but the action had little merit

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23
Q

contributory negligence

A

defence: an injured party failed to take reasonable care of himself, thus contributing to his own injury.
UK: the amount of damages recoverable will be diminished
US: (some states) a succesful defence will totally defeat a plaintiff’s claim

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24
Q

conversion

A

Tort of conversion. It is a voluntary act by one person inconsistent with the ownership rights of another

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25
Q

course of employment

A

the employee was doing his job at the time the tort was committed

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26
Q

damages

A

financial compensation in tort law, that will put the claimant back into the position where he was in before the tort was committed

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27
Q

defamation

A

tort of defamation. the claimant’s reputation has been damaged by a published, defamatory statement

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28
Q

defamatory statement

A

a statement which has lowered the claimant’s reputation in the eyes of right-thinking people

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29
Q

defences to defamation

A
  • truth
  • honest opinion
  • publication on a matter of public interest
  • absolute privilege (statement made in court)
  • qualified privilege (statement in academic or scientific journal or a legal/moral/social duty to make the statement)
  • unintentional defamation
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30
Q

defendant

A

the one accused of committing a tort. Also called tortfeasor

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31
Q

disclaimer

A

notice given that legal responsibility will not be accepted

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32
Q

discrimination torts

A

torts laid down in statute regarding sexual, racial, religious and disability discrimination

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33
Q

duty of care

A

a duty binding on one party to avoid acts or omissions, which could reasonably be foreseen as likely to injure the other party (zorgplicht)

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34
Q

duty to mitigate

A

where a party has been harmed, he is under a duty to ensure that his losses are no greater than strictly necessary (schadebeperkingsplicht)

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35
Q

economic torts

A

intentionally inflicting economic loss on another. Includes:

  • deceit
  • malicious falsehood
  • injurious falsehood
  • passing-off
  • interference with contract
  • intimidation
  • conspiracy
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36
Q

Exemplary damages/punitive damages

A

an amount awarded well in excess of straightforward compensation to punish the defendant

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37
Q

false imprisonment

A

the defendant deprives the claimant of his liberty

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38
Q

fraudulent misrepresentation

A

the maker of the statement either knows the statement is not true, or is reckless as to whether it is true

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39
Q

goods

A

personal property but not a chose in action, money or securities

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40
Q

harassment

A

discriminatory conduct regarding a person’s gender, race or religion. An employer can be held vicariously liable for harrassment by employees, unless he has taken all reasonable precautions

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41
Q

immediate aftermath

A

when a claimant has nervous shock, he may not have witnessed the event itself but he has seen the consequences of the event soon afterwards

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42
Q

incorporeal chattels

A

intangible personal property of value, like a grant of patent

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43
Q

independent contractor

A

works under a contract for services (zzp)

44
Q

injunction

A

order of the court compelling the defendant to (not) do something:

  • prohibitory: forbidden to do something
  • mandatory: direct performance of a positive act
  • interim/interlocutory: before the end of the trial (vovo)
  • final/permanent/perpetual: at the end of a trial
45
Q

intangible property

A

personal property that can’t be seen or touched, like a patent or copyright

46
Q

joint and several liability

A

joint: more than one person is liable
several: each person in a group is individually liable for the full amount

47
Q

law of obligations

A

contractual obligations, obligations in tort and restitution in the case of unjustly enrichment

48
Q

legal person

A

artificial construct

49
Q

libel

A

defamatory statements in a permanent form, like written or filmed statements

50
Q

limitation period

A

a claim must be brought within a fixed period of time

51
Q

loss of amenity

A

damages are awarded not for the suffering but also for loss of amenity. For instance: the loss of a hand is a fixed damage, but it will increase if it was a piano player

52
Q

lump sum

A

damages in the form of one final payment. There might be a discount rate if the lump sum also comprises future losses as the lump sum may earn interest in the meantime

53
Q

menacing

A

some US states use this term instead of assault (+ battery)

54
Q

natural person

A

human being

55
Q

negligence

A

more than mere carelessness, but a breach of a duty of care which causes damage

56
Q

negligent act

A

pure financial loss caused by a negligent act rather than a negligent statement is not actionable

57
Q

negligent misstatement

A

a false statement made negligently (sometimes breaking a duty of care)

58
Q

neighbour principle

A

important for determining if a defendant owed a duty of care in the event of the tort of negligence. Your neighbour is someone who would be closely and directly affected by your acts, thus you have to take reasonable care to avoid acts or omissions that could harm him.

59
Q

nervous shock

A

psychiatric harm

60
Q

nominal damages

A

awarded when claimant was successful but he suffered very little damage

61
Q

non-pecuniary loss

A

loss of enjoyment in life due to pain and suffering

62
Q

novus actus interveniens

A

an intervening event breaking the chain of causation

63
Q

nuisance

A

tort. infringement of the claimant’s use or enjoyment of his land

64
Q

objective test

A

test for a breach of duty in the tort of negligence. did the defendant act as a reasonable person?

65
Q

occupier

A

a person that controls premises and owes a duty of care to all visitors, even if they are not invited

66
Q

pecuniary loss

A

economic or financial loss

67
Q

personal property

A

property other than real property, such as goods and chattels

68
Q

physical damage

A

actual harm, as opposed to amenity damage (preventing enjoyment)

69
Q

premises

A

land and buildings/structures on it

70
Q

private nuisance

A

a defendant has interfered in an unreasonable way with an individual’s use or enjoyment of land

71
Q

proximity

A

is a factor in establishing a duty of care. there must be a sufficiently close relationship between the claimant and the defendant that results in the claimant being closely and directly affected by the defendant’s wrongdoing

72
Q

public nuisance

A

harm done to the public at large, like a community. To bring an action, an individual must show he suffered special damage

73
Q

publish

A

tort of defamation: a defamatory statement must be published, so brought to the attention of a third party

74
Q

quasi-contractual

A

there is no contract between the parties but their relationship resembles a contractual one

75
Q

real chattel

A

an interest in land less than a leasehold

76
Q

real property

A

land and structures attached to it

77
Q

reasonable care

A

whether the defendant took reasonable care to prevent harm to the claimant is judged on the facts of the case

78
Q

reasonable foreseeability

A

in a negligence claim, one factor that must be taken into account in establishing a duty of care is whether the conduct that injured the claimant could be reasonably foreseen by the defendant as having that effect.

79
Q

reasonable person

A

objective test for establishing a breach of a duty of care in the tort of negligence. How would a reasonable person have acted in this situation?

80
Q

reckless

A

a misrepresentation is made recklessly if the maker didn’t care if the statement was true or not

81
Q

remoteness

A

if the damage could not have been reasonably foreseen, it’s too remote and the defendant is not liable for it

82
Q

res ipsa loquitur

A

the facts speak for themselves, it would be hard to explain how the claimant got injured unless the defendant was negligent. This shifts the burden of proof: the defendant must show that his negligence did not cause the injury

83
Q

respondeat superior

A

US: an employer is liable for actions by his employees in the course of employment (6:170 BW)

84
Q

Rylands v Fletcher

A

a person can be held strictly liable if he has brought onto his land anything that could cause ‘mischief’ to a neighbour were it to escape

85
Q

Slander

A

oral defamatory statement

86
Q

special damage

A

tort of public nuisance: one individual suffered special damage

87
Q

special relationship

A

there may be liability for a negligent misstatement if the nature of the relationship between the claimant and the defendant is such that the defendant could expect the claimant to rely on the statement.

88
Q

state of the art defence

A

product liability. The defendant argues that he could not possibly have know that the product was defective given the state of scientific knowledge at the time

89
Q

statute barred

A

a claim has to be brought within a fixed period or time or the court cannot hear it

90
Q

statutory duties of care

A

duty of care found in statute law

91
Q

statutory nuisances

A

nuisances found in statute law, like environmental nuisance

92
Q

statutory product liability

A

strict liability for defective products causing damage to consumers. You need damage and proof that the product caused the damage

93
Q

strict liability

A

the defendant acted neither negligently nor intentionally, ie in product liability

94
Q

structured settlement

A

damages awarded in the form of a lump sum, followed by periodic payments

95
Q

tangible property

A

either real or personal property (roerende goederen)

96
Q

thin skull rule

A

liable for the full extent of the injury, tortfeasor takes the victim as he finds him

97
Q

tort

A

a civil wrong resulting from a breach of a legal duty

98
Q

tortfeasor

A

the defendant in a tort case

99
Q

tortious

A

adjective

100
Q

tort of invasion of privacy

A

not in UK, only in US. 4 types:

  • appropriation (unauthorised use of a picture or name)
  • intrusion
  • public disclosure of private facts
  • false light
101
Q

trademark

A

any sign that distinguishes goods of services from one undertaking from those of another

102
Q

trespass to chattels

A

intentional interference with a chattel in the posession of the claimant

103
Q

trespass to land

A

intentional interference with another’s peaceful possession of his land

104
Q

trespass to the person

A

intentional interference with the person

105
Q

unfair competition

A

violation of accepted fair trade practices

106
Q

vicarious liability

A

employer is liable for employee’s torts committed in the course of employment

107
Q

volenti non fit iniuria

A

a person who has consented to taking the risk of injury has no claim. this defence is now limited, ie employers can’t use it

Legal English Terminology (5 decks)

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