Chapter 4 Flashcards
(40 cards)
1
Q
Define strict liability.
A
- liability that is imposed based upon causation regardless of fault
2
Q
Define fault.
A
- unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others.
3
Q
Define no fault insurance.
A
- a system of compulsory insurance that eliminates fault as a basis for claims.
4
Q
Define workers comp.
A
- 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
Q
Define vicarious liability.
A
- the liability of an employer to compensate for torts committed by an employee during the course of his/her employment.
6
Q
Define trespass.
A
- unlawful entering or reaminaing on the land of another without permission.
7
Q
Define assault.
A
- the threat of violence to a person
8
Q
Define battery.
A
- unlawful physical contact with a person.
9
Q
Define private nuisance.
A
- interference with an occupier’s use and enjoyment of her land.
10
Q
Define false imprisonment.
A
- unlawfully restaraining or confining another person.
11
Q
Define false arrest.
A
- causing a person to be arrested without reasonable cause.
12
Q
Define malicious prosecution.
A
- causing a person to be prosecuted for a crime without an honest belief that the crime was committed.
13
Q
Define defamation.
A
- making an untrue statement that causes injury to the reputation of another person.
14
Q
Define libel.
A
- written defamation.
15
Q
Define slander.
A
- spoken defamation.
16
Q
Define absolute privilege.
A
- complete immunity from liability for defamataion
17
Q
Define qualified privilege.
A
- immunity from liability for defamation provided a statement was made in good faith
18
Q
Define responsible communication on matters of public interest.
A
- a defence to defamation when the publication of the statement is in the public interest and was done responsibly.
19
Q
Define negligence.
A
- the careless causing of injury to the person or property of another.
20
Q
Define duty of care.
A
- a relationship so close that one could reasonably foresee casuing harm to the other.
21
Q
Define standard of care.
A
- the level of care that a person must take in the circumstances.
22
Q
Define causation.
A
- injury resulting from the breach of the standard of care.
23
Q
Define remote.
A
- unrelated or far removed from the conduct
24
Q
Define contributory negligence.
A
- 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.
31
Define occupier's liability.
- a negligence tort imposing liability on occupants of land for harm suffered by visitors to property.
32
Define invitee.
- a person permitted by an occupier to enter premises for business purposes.
33
Define licensee.
- a visitor (other than an invitee) who enters premises with the consent of occupier.
34
Define damages.
- a sum of money awarded as compensation for loss or injury.
35
define punitive/exemplary damages.
- damages awarded with the intention of punishing a wrongdoer.
36
Define special damages.
- damages to compensate for quantifiable injuries.
37
Define general damages.
- damages to compensate for injuries that cannot be precisely expressed in monetary terms
ex) pain and suffering
38
Define restitution.
- an order to restore property wrongfully taken.
39
Define injunction.
- a court order restraining a person from doing, or continuing to do a particular act.
40
Define mandatory injunction.
- an order requiring a person to fo a particular act.
