Torts Flashcards
1
Q
negligence
A
- breach of duty or care not to injure
- Chain of causation
- Proximate cause “foreseeable to a reasonable person”
2
Q
what do torts do?
A
- compensate, punish, and change behaviour
- the downside is they make products more expensive
3
Q
Thin Skull Rule
A
- the unexpected frailty of the injured person is not a valid defence
4
Q
doctrine of last clear chance
A
- a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident.
5
Q
contributory negligence
A
- split liability
6
Q
vicarious liability
A
- employer liable for torts of of employees
- partners liable for the torts of the other partners
7
Q
res ipsa loquitur
A
- “it speaks for itself”
- reverse onus
- occurrence of accident implies negligence
8
Q
voluntary assumption of risk
A
- bars or reduces a plaintiff’s right to recovery against a negligent defendant if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time
9
Q
manufacturer’s negligence
A
- product liability
- occurs when a supplier, or other party in the supply chain, places a product the stream of commerce with inaccurate or inadequate labeling, or manufacturing or design defects or flaws
10
Q
professional negligence
A
- malpractice
- breach of the duty of care between professionals and their clients
11
Q
occupier’s liability
A
Invitees
- all reasonable precaution (customers, family, friends, mailman) ice cube scenario
Licensees
- all reasonable precaution (kid walking across lawn)
Trespassers
- not to expose to obvious risk (trespasser, signage) Texas crossbow case
12
Q
assault
A
- reasonably believed threat
13
Q
battery
A
- unauthorized touching or use of force
14
Q
self-defence
A
- entitled to defend yourself, without excessive force
15
Q
provocation
A
- not a defence, but can reduce damages
