torts Flashcards
torts
injured party brings action in court against wrongdoer
includes:
- assault and battery
- false imprisonment
- trespass
assault and battery
- intentional physical interference with another person
assault
- threat to harm another
- must be intentional and immediate
- must be physically possible to carry out
- physical contact is not required
battery
- intentional and wanted
- involves physical contact
defences for assault and battery
- informed consent
- self-defence
false imprisonment
- unlawful restraint
- may be simply compliance if victim thinks there is no choise
defence for false imprisonment
- proof of no actual confinement or submissions
trespass
- voluntarily coming onto anothers property without permission
indirect trespass
- throwing something on anothers property
continuing trespass
- anything ancroaching on anothers land
defence for trespassing
- intruder had no control over where they were
nuisance
- someones inappropriate use of their property that interferes with their neighbours use of their property
(fumes, odour, water) - to prove, interference must have been reasonably foreseeable
defamation
derogatory false statements to detriment of a person, company or product
- must be published
- must be communicated to a third party
injurious falsehood
malicious publication of a falsehood that leads other person to act in a manner that causes loss or damage
libel vs slander
libel
- written defamation
- includes broadcasted defamation
- easier to prove as it is more permanent
slander
- spoken defamation
- verbal meaning it is harder to proved
(may involve innuendo)
- mistake is no defence
defences to defamation
includes:
- justification
- absolute privilege
- qualified privilege
- fair comment
- responsible communication
justification
- if statement is true, this represents an effective defence
absolute privilege
- statements made on floor of legislation in senior government committees, and as part of trial proceedings
qualifies privilege
- statements made with respect to some matter of mutual interest from member of professional bodies
fair comment
- if commentary involves statement that is not true
- derogatory comments made as fair comments on public matter are protected
responsible communications
- as long as a publication was on matter of public interest, and was reasonable, and an attempt to verify the facts was made, it is protected
negligence
- inadvertent or careless conduct causing injury or loss to another
standard of care ( negligence )
- person require to live up to what would be expected of a reasonable person in same circumstances
standard of care with professionals
- experts held to standard of a reasonable person in their profession
defences to negligence
thin skull rule
- make defendant liable for the plaintiffs unforeseeable reactions to the defendants negligence
contributory negligence
- if plaintiff is also negligent, court will apportion the damages voluntary assumption of risk
- where the plaintiff has voluntarily put themselves in danger and assumed the legal and physical risk
remoteness
- where the causal connection is indirect, liability may be reduced
professional liability
- responds to claims arising from acts of professional negligence
fiduciary duty
- to act in the best interest of their clients
