Torts 1 Flashcards
What is negligence?
Negligence is doing something a reasonable person would not do or, conversely, the failure to do something a reasonable person would do.
When is a duty of care owed?
A duty of care is owed to others if it can be reasonably foreseen that the defendant’s acts or omissions could injure other persons.
What are defences for negligence?
Full or partial (aka Contributory)
What must a plaintiff prove to succeed in a negligent case?
That the actual injury was caused by the defendant with >50% burden of proof
What is contributory negligence?
Contributory negligence is a defense that enables blame to be apportioned between the plaintiff and the defendant.
What kind of defence is voluntary assumption of risk?
Voluntary assumption of risk is a complete defence which means the plaintiff cannot win an action for negligence and recover damages.
When does defamation occur?
Defamation occurs when communication is published that identifies one or more people and results in damage to a person or entity’s reputation.
What are the four main defenses to defamation?
Justification
honest opinion
absolute privilege
qualified privilege.
What kind of nucience is determined by common law?
Common law distinguishes between two types of nuisance — private and public nuisance.
What is Private nuisance?
The tort of private nuisance is concerned with interferences that prevent a person from the quiet enjoyment of their property.
What must a plaintiff do to prove nuisance?
To succeed in an action for nuisance, the plaintiff must suffer from a substantial and unreasonable interference to enjoyment of his or her land and must suffer damage.
