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Flashcards in Chapter 4 Deck (40)
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1

Define strict liability.

- liability that is imposed based upon causation regardless of fault

2

Define fault.

- unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others.

3

Define no fault insurance.

- a system of compulsory insurance that eliminates fault as a basis for claims.

4

Define workers comp.

- a scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents regardless of how the accident was caused.

5

Define vicarious liability.

- the liability of an employer to compensate for torts committed by an employee during the course of his/her employment.

6

Define trespass.

- unlawful entering or reaminaing on the land of another without permission.

7

Define assault.

- the threat of violence to a person

8

Define battery.

- unlawful physical contact with a person.

9

Define private nuisance.

- interference with an occupier's use and enjoyment of her land.

10

Define false imprisonment.

- unlawfully restaraining or confining another person.

11

Define false arrest.

- causing a person to be arrested without reasonable cause.

12

Define malicious prosecution.

- causing a person to be prosecuted for a crime without an honest belief that the crime was committed.

13

Define defamation.

- making an untrue statement that causes injury to the reputation of another person.

14

Define libel.

- written defamation.

15

Define slander.

- spoken defamation.

16

Define absolute privilege.

- complete immunity from liability for defamataion

17

Define qualified privilege.

- immunity from liability for defamation provided a statement was made in good faith

18

Define responsible communication on matters of public interest.

- a defence to defamation when the publication of the statement is in the public interest and was done responsibly.

19

Define negligence.

- the careless causing of injury to the person or property of another.

20

Define duty of care.

- a relationship so close that one could reasonably foresee casuing harm to the other.

21

Define standard of care.

- the level of care that a person must take in the circumstances.

22

Define causation.

- injury resulting from the breach of the standard of care.

23

Define remote.

- unrelated or far removed from the conduct

24

Define contributory negligence.

- a partial defence to a negligence acion when the plantiff's or another defendant's conduct also contributed to the injury

25

Define mitigate.

- duty to act reasonably and quickly to minimize the extent of damage suffered.

26

Define voluntary assumption of risk.

- a defence to a negligence action when the plantiff was aware of the risk and continued with the activity anyways.

27

Define subrogation.

- where one person becomes entitled to the rights and claims of another

28

Define product liability.

- a negligence tort imposing liability on manufacturers for harm caused by defective products

29

Define circumstantial evidence principle.

- a prima facie case of negligence mat be established by drawing reasonable inferences from the circumstances surrounding the profuct manufacture and failure.

30

Define duty to warn.

- manufacturer's responsibility to make users aware of the risks associated with the use or misuse of the product.