Tort Law Quiz Flashcards
Define intentional tort
Is when you deal damage or hard to purpose ex) assault
Define unintentional tort
Unintended accident that caused harm to someone ex) negligence
Define negligence
A failure to exercise reasonable care that results in injury to others
List elements of negligence
(4)
Duty of care
Breach of care
Causation
Actual harm or loss
List defence for negligence and describe 1
(3)
Contributory negligence
Invetiable accident
Voluntary assumption of risk-knowing the risk of somthing that can happen and still doing it
Special types of negligence explain 1
(5)
Occupiers liability
Occupiers liability act
Professional negligence
Seat belts and negligence
Motor vehicle negligence-you are liable for your passenger and how you drive
5 trespasses
Assault
Battery
False imprisonment
Trespass to land
Nuisance
Defences for trespass
(6)
Consent
Self defence
Defence of others
Defence of property
Legal authority
Necessity
Define both defamation of character
Slander-defamation through speech actions or sounds
Libel- defamation in a printed or permanent form
Defences for defamation
Truth
Aboustle privilege
Qualified privilege
Fair comment