intentional tort

Question 1

definition of assault

Answer 1

reasonable belief of an immediate harmful or offensive contact, doesn’t require actual contact

Question 2

definition of battery

Answer 2

Harmful or offensive contact ( actual contact)

Question 3

4 Complete defence of trespass:

Answer 3

-Consent
-Lawful authority
-Self-defense
-Necessity

Question 4

6 remedies for tort

Answer 4

-compensatory damage
-nominal damage
-aggravated damage
-punitive damage
-restitution
-injuntion

Question 5

4 functions of tort

Answer 5

-compensation
-deterrence
-set a standard of behavior
-fairness

Question 6

What is Tort Law

Answer 6

A wrongful act harming a person, a person’s property, chattel, dignity or reputation (outside of a contract)

Question 7

What type of case is Tort Law?

Answer 7

Civil Case : handles relations between citizens (people v people)

Question 8

Is Tort:
a) Common Law
b) Statutory Law

Answer 8

a) Common Law
Based on past court decisions, The Constitution and Legislation

Question 9

3 Partial Defence of Trespass:

Answer 9

-Accident
-Contributory negligence
-Provocation

Question 10

What is “Vicarious Liability?”

Answer 10

A second party being liable for committed tort.

Question 11

What is “Liability Insurance?”

Answer 11

A second party in contract to cover damages of defendant’s tort.

Question 12

What are “exclusions?”

Answer 12

Scenarios that are not covered by insurance (not on contract)

Question 13

What is “Strict Liability?”

Answer 13

The strict focus of the defendant’s responsibility (in sales/caretaker/etc.) and care over the plaintiff. (product production, animal attacks, etc.)