week 2 ai notes

Question 1

What is tort law?

Answer 1

The law of actionable wrongs.

Question 2

What is a civil action?

Answer 2

A lawsuit.

Question 3

What are the two major classifications of torts?

Answer 3

• Intentional
• Unintentional

Question 4

What is an intentional tort?

Answer 4

A wrongful conduct that is intentional.

Question 5

What is an unintentional tort?

Answer 5

Conduct that is wrongful due to a lack of reasonable care.

Question 6

Are intentional torts historically the oldest type of tort?

Answer 6

Yes.

Question 7

Can a crime also be a tort?

Answer 7

Yes.

Question 8

What is wrongful death in tort law?

Answer 8

It is the tort equivalent of murder.

Question 9

What does actionable per se mean in the context of intentional torts?

Answer 9

The conduct itself is the wrongful act, not the result.

Question 10

What are nominal damages?

Answer 10

A small amount of money awarded when a case is proven but no loss or injury occurred.

Question 11

What is vicarious liability?

Answer 11

Liability through the actions of someone else.

Question 12

Who is commonly liable for the tortious conduct of employees?

Answer 12

Employers.

Question 13

What is assault in tort law?

Answer 13

The threat of violence or harm.

Question 14

What is the thin-skulled plaintiff rule?

Answer 14

The tortfeasor takes the victim as they find them, and susceptibility cannot reduce damages.

Question 15

What is battery?

Answer 15

Intentional application of force on another person without their consent.

Question 16

What constitutes false imprisonment?

Answer 16

Intentionally restraining someone against their will without lawful authority.

Question 17

What is defamation?

Answer 17

A statement that tends to lower the reputation of the plaintiff.

Question 18

What is the difference between libel and slander?

Answer 18

• Libel: written
• Slander: verbal

Question 19

What is the defense of justification in defamation?

Answer 19

Truth is no libel if the statement is substantially true.

Question 20

What is absolute privilege in defamation cases?

Answer 20

Protects statements made in certain contexts, regardless of truth or malice.

Question 21

What does qualified privilege in defamation entail?

Answer 21

Qualified privilege means that there is no liability in defamation for a statement that was honestly made in circumstances where the person making the statement was acting under a duty (for instance to do with their job) and the statement was only published to people who needed to know what the statement said

Question 22

What is fair comment in defamation?

Answer 22

An opinion based on true facts regarding a matter of public interest.

Question 23

What is trespass to property?

Answer 23

Entering or remaining on the land of another without permission.

Question 24

What is conversion in tort law?

Answer 24

Intentional taking of goods belonging to another with intent to deprive.

Question 25

What is fraudulent conversion of goods?

Answer 25

taking another person's money or property and converting it for one's own use or that of a third party who does not own it

Question 26

What is slander of goods?

Answer 26

Claiming a person's goods are inferior or defective.

Question 27

What is breach of confidence?

Answer 27

A breach of confidence is when someone shares information that they should keep secret. This can happen intentionally or by accident. (ex, Inducing an employee to give up trade secrets)

Question 28

What is deceit in tort law?

Answer 28

Inducing a plaintiff into a contract by making false statements.

Question 29

What does intentional interference with contractual relations mean?

Answer 29

Approaching another party to break an existing contract.

Question 30

What is strict liability?

Answer 30

Liability for inherently dangerous activities, regardless of care taken.

Question 31

What are the elements of a negligence action?

Answer 31

[3] A successful action in negligence requires that the plaintiff demonstrate (1) that the defendant owed him a duty of care; (2) that the defendant's behaviour breached the standard of care; (3) that the plaintiff sustained damage; and (4) that the damage was caused, in fact and in law, by the defendant's breach

Question 32

What case established the concept of duty of care?

Answer 32

Donaghue v Stevenson.

Question 33

What is the standard of care?

Answer 33

The level of care that a reasonable person would exercise in similar circumstances.

Question 34

What is causation in negligence?

Answer 34

The negligent act must cause the plaintiff's harm or injury.

Question 35

What is Novus Actus Interveniens?

Answer 35

An intervening act that interrupts the chain of causation.

Question 36

What are damages in tort law?

Answer 36

Monetary relief to place the plaintiff in the same position as before the tort.

Question 37

What is joint tortfeasors?

Answer 37

More than one defendant is responsible.

Question 38

What is contributory negligence?

Answer 38

Plaintiff's negligent conduct contributed to their injury.

Question 39

What is occupier’s liability?

Answer 39

Liability of an occupier of land for injuries occurring on their property.

Question 40

What is the highest duty of care owed?

Answer 40

To invitees.

Question 41

What is the duty owed to licensees?

Answer 41

To warn of any known dangers.

Question 42

What is the lowest duty owed to trespassers?

Answer 42

To avoid deliberate injury.

Question 43

What did the Ontario Occupier’s Liability Act R.S.O. 1990 change?

Answer 43

Abolished the distinction between invitees and licensees, establishing the same duty owed to both.

Question 44

What is manufacturer's liability?

Answer 44

Liability of manufacturers in relation to the complexity of goods and the distance from the end user.

Question 45

What is nuisance in tort law?

Answer 45

Decrease in enjoyment or damage to land.

Question 46

What is private nuisance?

Answer 46

Interference with a neighbor's use or enjoyment of property.

Question 47

What is public nuisance?

Answer 47

An activity that unreasonably interferes with the public's interest.

Question 48

What does volenti non fit injuria mean?

Answer 48

Voluntary assumption of risk.

Question 49

What is an act of God?

Answer 49

An unforeseen event outside the control of the parties.

Question 50

What is a waiver?

Answer 50

A document signed before an injury occurs, similar to an exclusion clause.

Question 51

What is the general limitations period under the Limitations Act of Ontario?

Answer 51

2 years from the date the injury should have been known.

Question 52

What are tort remedies?

Answer 52

* Damages * Injunction * Replevin

Question 53

What is negligent misrepresentation?

Answer 53

When a party makes false representations that the other party relies on.

Question 54

What is the standard of care for professionals?

Answer 54

Must meet the standard established by their profession.

Question 55

What is the fiduciary duty of professionals?

Answer 55

A special duty of care to act in the best interest of the client.