Chapter 4 - Torts and Professional Liability
Terms
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- Tort
- An action that causes harm or injury to another person
- Crime
- An offence listed in the Criminal Code of Canada and prosectured by the State
- Breach of Contract
- Failure of one party to live up to contractual obligations
- Negligence
- An unintentional or careless act that results in injury to another
- General Damages
- Compensation for incalucuable losses such as pain and suffering
- Special Damages
- Monetary compenstation awarded by court to cover actual expenses and calculable losses
- Punitive Damages
- Same as punitive damages
- Exemplary Damages
- Same as punitive damages
- Vicarious liability
- an innocent person may be held responsible for an injury caused by another if there is a special relationship between them
- Assault
- An action that makes a person think they are about to be struck
- Battery
- The actual unwelcome physical contact
- Consent
- A defence to an action in tort in whcih the tortfeasor claims the victim agreed to battery
- Self-defence
- A person can respond to an assault with as much force as is reasonable in the circumstances
- Trespass
- Being on another's property without permission or legal right
- Continuing trespass
- Permanent unlawful incursion onto another's property
- False Imprisonment
- Holding someone against their will and without lawful authority
- Private nuisance
- The use of property in such a way that it interferes with a nighbour's enjoyment of theirs
- Defamation
- A published detrimental statement about a person
- Innuendo
- An implied statement that is detrimental to another
- Libel
- Written or broadcast defamation
- Slander
- Spoken defamation heard by at least one third party
- Defence of justification
- When defamatory statement is the truth
- Absolute Privilege
- In some settings statements are protected - legislature or court
- Qualified privilege
- Statements made in relation to a duty
- Fair Comment
- Statements made about public figures
- Privacy
- The right to protect private personal information
- Reasonable person test
- establishes he judicial standard of acceptable behaviour
- Duty
- An obligation to live up to a reasonable standard
- Reasonable foreseeability test
- Determines what a person should have anticipated would be the consequences of their action
- Misfeasance
- Wrongful conduct
- Nonfeasance
- Failure to do something when situation required it
- Res ipsa loquitur
- The facts speak for themselves
- Prima facie case
- on the face of it
- Causation
- determing whether the act actually csed the injury
- "but for" test
- had it not been for the act of the defendant the injury would not have occurred
- remoteness
- determining whether the damages were too far removed from the original negligent act
- thin skull rule
- you take you victim as you find them
- crumbling skull rule
- not responsible for inevitable loss
- last clear chance doctrine
- the last person capable of avoiding the accident is responsible
- volenti non fit injuria
- voluntairily assuming a clear legal risk
- Contributory negligence
- the injured party did something to increase the chance of injury
- occupier's liability
- the obligation imposed on the resident of the premises
- Product liability
- manufacturers owe a duty when users are injured by their products
- Negligent misstatement
- Careless words that cause economic loss
- Strict liability
- responsiblity imposed even when there is no fault
- Circumstantial evidence
- a person who puts themselves forwards as an expert must live upt o the standard expected of such an expert
- professional liability
- a person who puts themselves forward as an expert must live p to the standard expected of such an expert
- reasonable standard of performance
- implied term of contract with a professional that they can be held to the standards of the profession
- inducing breach of contract
- encouraging someone to break their contract with another
- deceit
- deliberately misleading another causing injury
- breach of trust
- failing in your duty of good faith
- fiduciary duty
- an obligation to act in the best interest of a business associate
- fradulent misrepresentation
- someone misleads you by deception or reckless disregard for truth
- conversion
- intentionally taking another's goods to use for own purposes
- conflict of interest
- personal benefits are in conflict with duty to someone else
- Injurious falsehood
- attacking the reputation of another's product or business
- liability insurance
- insurance coverage for a person's own careless conduct