Chapter 7

Question 1

tort

Answer 1

compensation for wrongdoing; private wrong, can only be pursued as a private matter

Question 2

plaintiff

Answer 2

person who is suing and wants monetary compensation

Question 3

defendant

Answer 3

the person being sued

Question 4

why is there no torts in criminal (public) law?

Answer 4

because criminal law aims at punishing the wrongdoers, not compensating victims

Question 5

negligence

Answer 5

doing something a reasonable person would not be expected to do or failure to do something a reasonable person would be expected to do; damage incurred from negligence

Question 6

intentional tort

Answer 6

torts that occur as a result of a wrongdoer intentionally harming another physically or mentally

Question 7

balance of probabilities

Answer 7

All the plaintiff has to do to make a case is find liability, which is easier than in “beyond reasonable doubt” in criminal law

Question 8

damages in tort

Answer 8

damages are meant to return an injured party to the position it was in before the defendant’s wrongdoing; two types - compensatory and non-compensatory damages

Question 9

compensatory damages

Answer 9

recompense for harm the plaintiff suffered, two subcategories: general and special damages

Question 10

compensatory damages: general

Answer 10

compensate a plaintiff for non-monetary aspects of their loss, such as pain and suffering

Question 11

compensatory damages: special

Answer 11

compensation for material / financial aspects of the plaintiff’s loss

Question 12

non-compensatory damages: punitive

Answer 12

courts award punitive damages when a party has committed egregious behaviour which the court wishes to punish and deter; only awarded in extreme circumstances when the defendant’s behaviour was particularly shocking [PUNISH THE WRONGDOER]

Question 13

non-compensatory damages: aggravated damages

Answer 13

courts award aggravated damages where the defendant’s conduct has caused the plaintiff particular distress, grief, or humiliation [COMPENSATE THE PLAINTIFF]

Question 14

non-compensatory damages: nominal

Answer 14

courts award small nominal damages award when the defendant only slightly infringed the plaintiff’s rights, the plaintiff failed to prove a meaningful loss, or the plaintiff failed to mitigate

Question 15

intentional tort claim

Answer 15

damage or harm that someone does to you on purpose (includes anything that harms you or your property); you could be eligible for an intentional tort claim if you’re the victim of unwanted physical contact, vandalism to your property, or sexual assault (& more)

Question 16

types of intentional torts (not for strict memorization)

Answer 16

assault, battery, sexual harassment or assault, vandalism, intentional infliction of emotional distress, fraud, defamation, false imprisonment, invasion of privacy, trespassing

Question 17

negligence claims

Answer 17

a failure to use reasonable care, resulting in someone else’s injury

Question 18

duty of care (standard of care) - aspect of a negligence claim

Answer 18

the first is that a person is in a situation where they have a duty to act carefully (i.e. drivers on road have a duty to drive carefully)

Question 19

breach of duty - aspect of a negligence claim

Answer 19

the second aspect of negligence claim is that the person must fail to act as carefully as they should

Question 20

causation - aspect of a negligence claim

Answer 20

failure (from breach of duty) must result in a loss or injury to someone else

Question 21

damages - aspect of a negligence claim

Answer 21

the victim must have physical, emotional, or property damages because of what occured

Question 22

what does a successful action in negligence require the plaintiff to demonstrate?

Answer 22

(1) the defendant owed him a duty of care
(2) the defendant’s behaviour breached the standard of care
(3) the plaintiff sustained damage
(4) the damage was caused by the defendant’s breach

Question 23

damages denied: remoteness

Answer 23

connection between the plaintiff’s injury and the defendant’s conduct is too far removed; not reasonable to hold the defendant accountable

Question 24

damages denied: causation

Answer 24

even if a plaintiff suffered damages, they still need to prove that the defendant caused those damages

Question 25

damages denied: mitigation

Answer 25

even if the court determines the plaintiff was in the right, and the defendant owes them damages, the plaintiff must mitigate their damages (the plaintiff must keep their losses as minimal as possible)

Question 26

vicarious liability (imputed liability)

Answer 26

is the tort liability that a person or entity has for the acts or omissions of another; various liability of a principal can result from the acts of independent agents, partners, contractors, and employees; the most typical is employer-employee context (employer is responsible for the wrongdoings of the employee)

Question 27

direct liability

Answer 27

holds the person who committed the wrongful act liable for his or her conduct

Question 28

occupiers liability

Answer 28

an occupier under the OLA is an individual who has control over the property that guests are invited to - includes home owners, tenants, and those who rent venues for special events; as an occupier, you owe a duty to your guests to keep them reasonably safe.