Tort Law Flashcards
What is a tort?
A civil wrong-doing.
> When a person acts in an unreasonable way and causes damage or injury to another person (or their reputation); and
> The injured person sues for compensation.
2 categories of a tort:
- Unintentional acts that injure (“Negligence”)
2. Intentional acts that injure
3 essential elements of negligence:
- Existence of a duty of care;
- Breach of the standard of care; and
- Damage and causation.
Define duty of care, and describe what principle is associated with it:
If the Defendant owes a duty of care to the Plaintiff.
> Neighbor Principle: a duty of care is owed to any person who might reasonably be affected by our actions (“reasonable foreseeability”).
No duty of care is owed to trespassers, unless the trespasser is a child.
Describe standard of care:
> Based on the “reasonable person” in similar circumstances rule
Conduct that falls below the standard of care is negligent
Describe damage and causation:
If the Plaintiff has been harmed as a result of the Defendant’s negligence.
> Causation in fact.
Describe the thin-skull and remoteness rule:
> Causation in law of damage and causation.
> “Thin-skull” rule: if the type of injury was reasonably foreseeable, the Defendant would be responsible for the full extent of injury - if they have a unique, pre-existing medical condition, such as brittle bone syndrome.
> Remoteness rule: if the type of injury was not reasonably foreseeable, the Defendant is not liable.
2 defences to negligent action:
- Contributory negligence; and
2. Voluntary assumption of risk.
Describe the contributory negligence defence:
> If the Plaintiff also acted carelessly and contributed to his/her own injury, this may reduce the amount of damages to be paid by the Defendant (only a partial defence).
Describe voluntary assumption of risk, and the 2 requirements for this defence:
> If the Plaintiff voluntarily assumed the risk of injury, such as by signing a Acknowledgement of Risk or Waiver (release) form (full defence).
- Plaintiff knew the risks (acknowledgement of risks forms); and
- Plaintiff agreed to be responsible for injuries (waiver/release forms).
2 types of liability in tort:
- Vicarious; and
2. Joint and several.
The 5 intentional torts:
- Assault and battery
- False imprisonment
- Defamation
- Invasion of privacy
- Nuisance
Define an intentional tort:
> Defendant acted on purpose and, sometimes, did mean the harm.
They acted unreasonably and harmed somebody.
They can be sued civilly for this.
Define assault and battery in the civil justice system:
Assault: threat of imminent physical contact
Battery: actual physical contact (defences: consent; self defense).
Define false imprisonment:
> Unlawful detention of a person
> “Detaining”: being held in a confined space; physical restraint; or psychological restraint.
Define defamation, and the 2 types:
A false statement that injures another person’s reputation:
> Slander (oral statement of defamation);
> Libel (written statement of defamation).
2 requirements of defamation:
- Have to prove that the statement either spoken (slander), or written (libel), negatively impacts their reputation in a very serious way:
- Your statement was heard (slander), or read (libel), by at least one other person.
Describe the 4 defences to defamation:
- Truth: if what was said was true, then it is a complete defence;
- Fair comment: often used by food critics and theatre critics, a defence for opinion (as long as that opinion is based on actually trying the food or watching the movie, and is an opinion that a reasonable person could have);
- Absolute privilege: specifically covers judges and lawyers, but only in court. Also extends to politicians within the House of Commons or within the Legislative Assembly;
- Responsible communication on matters of public interest: for the media and press. “Responsible,” as long as they are doing it in a responsible way by checking their sources, and have given the person they’re reporting about a chance to comment.
Define invasion of privacy, and the 4 essential elements:
> New tort in Canadian law – “inclusion upon seclusion” tort.
- Intentional
- Without lawful justification
- In relation to a matter of personal privacy
- Offensive, distressing, or humiliating (according to a “reasonable person” standard).
Describe nuisance:
When a person uses their property in such a way that it interferes with their neighbor’s use and enjoyment of their property.
3 essential elements for a nuisance:
- Is the alleged nuisance substantial?
- Is it unusual?
- Is it temporary?
2 things a court will never declare as a nuisance:
- Blocking of natural light
2. Blocking of view
In negligence law, a duty of care is owed:
(a) Only to those persons with whom you have direct contact.
(b) To any person with whom you have signed a contract.
(c) To any person who might reasonably be affected by your actions.
(c) To any person who might reasonably be affected by your actions.
Which of the following is an example of the tort of nuisance which would likely be successful in court?
(a) Your neighbor runs over your garbage can when he is backing out of his garage.
(b) Your neighbor has a fire pit in his backyard and occasionally on a weekend night there is smoke drifting into your backyard.
(c) Your neighbor has glaring, strobe Christmas lights (on his house) that are on display from October 1st until February 1st of each year.
(c) Your neighbor has glaring, strobe Christmas lights (on his house) that are on display from October 1st until February 1st of each year.
