Tort Law Unit 3

Question 1

Malicious prosecution

Answer 1

Action for damages for wrongfully starting criminal proceedings against someone

Question 2

Duty of care

Answer 2

Legal obligation to excercise certain standard of care for other people’s interests

Question 3

Occupiers liability

Answer 3

High standard of care for property owners ex. Can’t leave loaded firearms on front lawn

Question 4

Strict liability

Answer 4

Very high standard of care ex. Caring for explosives

Question 5

Vicarious liability

Answer 5

Person or company in authority can be held liable ex. If teacher is sued, so is school board

Question 6

Nominal Damages

Answer 6

Small token amount

Question 7

Compensatory Damages

Answer 7

Reimburse person for all financial loss

Question 8

Punitive damages

Answer 8

Civil fine paid by defendant to plaintiff

Question 9

Negligence & purpose of it

Answer 9

Careless act that causes injury tin another, not acting like a “reasonable” person
Purpose: compensate victims and deterrence

Question 10

Libel

Answer 10

Written form of defamation

Question 11

Defamation

Answer 11

Libel(written) slander(verbal)

Question 12

Tort

Answer 12

“Wrong” or “fault” causing injury to another

Question 13

4 elements of every tort

Answer 13

1: intentional interference
2: Harm (ex. Death)
3: Damages (ex. How much is finger worth?)
4: Defence

Question 14

Conversion

Answer 14

Stealing or not returning goods(abusing property)

Question 15

Trespass

Answer 15

On property without permission/must have damage

Question 16

Unintentional Tort

Answer 16

To prove a negligence case:

1: had duty of care
2: defendant didn’t take all reasonable steps to prevent injury
3: They caused damage
4: actual damages with proof(ex.Medical records)