Midterm (4-10) Flashcards
1
Q
strict liability
A
liability that is imposed based on causation regardless of fault
2
Q
fault
A
unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others
3
Q
public policy
A
economic, social, and political considerations or objectives that are believed to be beneficial to society as a whole
4
Q
no-fault insurance
A
a system of compulsory insurance that eliminates fault as a basis for claims
5
Q
worker’s compensation
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
6
Q
vicarious liability
A
the liability of an employer to compensate for torts committed by an employee during the course of his/her employment
7
Q
trespass
A
unlawful entering or remaining on the land of another without permission
8
Q
assault
A
the threat of violence to a person
9
Q
battery
A
unlawful physical contact with a person
10
Q
public nuisance
A
interference with the lawful use of public amenities
11
Q
private nuisance
A
interference with an occupier’s use and enjoyment of her/his land
12
Q
false imprisonment
A
unlawfully restraining or confining another person
13
Q
false arrest
A
causing a person to be arrested without reasonable cause
14
Q
malicious prosecution
A
causing a person to be prosecuted for a crime without an honest belief that the crime was committed
15
Q
defamation
A
making an untrue statement that causes injury to the reputation of another person
16
Q
libel
A
written defamation
17
Q
slander
A
spoken defamation
18
Q
absolute privilege
A
complete immunity from liability for defamation
19
Q
qualified privilege
A
immunity from liability for defamation provided a statement was made in good faith
20
Q
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
21
Q
inducing breach of contract
A
intentionally causing one party to breach his contract with another
22
Q
unlawful interference with economic relations
A
attempting by threats or other unlawful means to induce one person to discontinue business relations with another
23
Q
unlawful means
A
civil action available under common law
24
Q
product defamation
A
making false and damaging statements about the products of another person
25
negligence
the careless causing of injury to the person or property of another
26
duty of care
a relationship so close that one could reasonably foresee causing harm to another
27
standard of care
the level of care that a person must take in the circumstances
28
causation
injury resulting from the breach of the standard of care
29
remote
unrelated or far removed from the conduct
30
contributory negligence
a partial defence to a negligence action when the plaintiff's or another defendant's conduct also contributed to the injury
31
mitigate
duty to act reasonably and quickly to minimize the extent of damage suffered
32
voluntary assumption of risk
a defence to a negligence action when the plaintiff was aware of the risk and continued with the activity anyway
33
subrogation
where one person becomes entitled to the rights and claims of another
34
product liability
a negligence tort imposing liability on manufacturers for harm caused by defective products
35
circumstantial evidence principle
a prima facie case pf negligence may be established by drawing reasonable interferences from the circumstances surrounding the product manufacture and failure
36
duty to warn
manufacturer's responsibility to make users aware of the risks associated with the use or misuse of the product
37
occupier's liability
a negligence tort imposing liability on occupants of land for harm suffered by visitors to the property
38
invitee
a person permitted by an occupier to enter premises for business purposes
39
licensee
a visitor (other than an invitee) who enters premises with the consent of the occupier
40
damages
a sum of money awarded as compensation for loss or injury
41
punitive or exemplary damages
damages awarded with the intention of punishing the wrongdoer
42
special damages
damages to compensate for quantifiable injuries
43
general damages
damages to compensate for injuries that cannot be precisely expressed in monetary terms
44
restitution
in order to restore property wrongfully taken
45
injunction
a court order restraining a person from doing, or continuing to do a particular act
46
mandatory injunction
an order requiring a person to do a particular act
47
fiduciary duty
a duty imposed on a person who's stands in a special relation of trust and loyalty to another
48
conflict of interest
a situation where a duty is owed to a client shoes interests conflict with the interests of the professional, another client, or another person to whom a duty is owed
49
third-party liability
liability to some other person who stands outside a contractual relationship
50
duty to account
the duty of a person who commits a breach of trust to hand over any profits derived from the breach
51
deceit
an intentional tort imposing liability when damage is caused by a false statement made with the intention of misleading another person
52
fraudulent misrepresentation
deceit
53
negligent misrepresentation
an unintentional tort imposing liability when an incorrect statement is made without due care for its accuracy, and injury is caused
54
disclaimer
an express statement to the effect that the person making it takes no responsibility for its accuracy
55
indeterminate liability
inability to be determined so that the magnitude of liability cannot be reasonable predicted, anticipated, or planned for
56
reliance
acting in a certain way because one believed the info received
57
detrimental reliance
the worsening of one's situation after acting upon false information
58
code of conduct
a common standard of behaviour that may take the form of a values statement or a prescribed set of rules often used by a professional organization setting out the duties and appropriate standards of behaviour to be observed by its members
59
privilege
the right of a professional to refuse to divulge information obtained in confidence from a client
60
contract
a set of promises that the law will enforce
61
offer
a description of a promise one party is willing to make, subject to the agreement of the other party
62
standard form contract
an offer prepared in advance by the offeror including terms favourable to the offeror that cannot be changed by the offer but must be accepted as is or rejected in its entirety
63
lapse
the termination of an offer when the offer fails to accept it within a specified time, or within a reasonable time
64
option
a contract to keep an offer open for a specified time in return for a sum of money
65
exercise an option
accept the offer contained in an option
66
negative option billing
a practice of adding services and sending bills without request and rely upon the customer to cancel if they don't wish the service
67
inviting tenders
seeking offers from suppliers
68
standing offer
an offer that may be accepted as needed from time to time
69
elements of a negligence action
1. defendant owed a duty of care to plaintiff
2. defendant breached the required standard of care
3. plaintiff suffered injury or damage
4. defendant's conduct was the cause to the damage
70
3 defences applicable to negligence actions
1. contributory negligence
2. voluntary assumption of risk
3. failure to mitigate damage
71
3 other types of negligence
1. product liability
2. duty to warn
3. occupier's liability
72
5 requirements for proving negligent misrepresentation
1. duty of care based on special relationship between representor and representee
2. representation in question must be untrue, misleading, inaccurate
3. representor must have acted negligently in making the misrepresentation - fallen below standard of care
4. represented must have relied on the negligent misrepresentation
5. reliance must have been detrimental to the representee in the sense that damages resulted
73
4 ways an offer comes to an end
1. lapse
2. offeror revokes offer before acceptance
3. offeree rejects offer/makes counter offer
4. offeree accepts
74
jurisdiction
the province, state, or country whose laws apply to a particular situation
75
bilateral contract
a contract where offeror and offeree trade promises and both are bound to perform later
76
promisor
party who is under obligation to perform a promise
77
promisee
a party who has the right to performance according to terms of contract
78
breach of contract
a cause of action where a party to the contract claims that the other party has not fulfilled its promises
79
unilateral contract
contract in which the offer is accepted by performing an act or series of acts required by the terms of the offer
80
subsidiary promise
an implied promise that the offeror will not revoke once the offeree begins performance in good faith
81
bargain
each party pays a price for the promise of another
82
consideration
the price for which the promise of the other is bought
83
gratuitous promise
a promise made without bargaining for or accepting anything in return
84
past consideration
a gratuitous benefit previously conferred upon a promisor
85
moral cause
moral duty of promisor to perform his promise
86
gratuitous reduction of debt/mercantile law amendment act
once a part accepts a lower payment of a debt owed, the entire debt is extinguished
87
equitable estoppel
estop a promisor from claiming that she was not bound by her gratuitous promise where reliance on that promise caused injury to the promisee
88
3 elements of equitable estoppel
1. legal relationship pre-existing between parties
2. one of parties promises to release the other from some/all of the other's legal duties to him
3. other party, in reliance to that promise, acts in a way that alters his position and would make it a real hardship if the promisor reneges on his promise
89
injurious reliance
loss or harm suffered by a promisee who, to his detriment, relied reasonably on a gratuitous promise
90
document under seal
a convenient recorded in a document containing a wax seal, showing that the covenantor adopted the document as his act and deed
91
deed
document under seal
92
legal capacity
competence to bind oneself legally
93
repudiate
reject or declare an intention not to be bound by
94
beneficial contracts of service
contracts of employment found to be for a minor's benefit
95
voidable contract
a contract that may be rendered non-binding at the option of one of the parties/court
96
ratifies
acknowledges and promises to perform
97
void
never formed in law
98
representative action
an action brought by one or more persons on behalf of a group having the same interest
99
arbitration agreements
contracts that require all disputes to be resolved in arbitration, not the courts
100
common law
precedents developed over time from the decisions of many cases
101
agreements in restraint of trade
non-competition agreements that diminish competition are against public policy
102
restrictive covenant
a term in restraint of trade e.g. promise not to carry on a competing business activity
103
the exception of agreements in restraint of trade
must prove to be reasonable as to restricted activity, geographic area, and time period
104
equitable relief
a discretionary remedy first developed by the courts of equity to undo an injustice
105
rescind
set aside; undo or revoke a contract and return the parties as nearly as possible to their original positions
106
unilateral mistake
only one of the parties believes there is a mistake
107
common mistake
both parties believe in the same mistake
108
rectification
correction of a written document to reflect accurately the contract made by the parties
109
mutual mistake
both parties believe a mistake exists, but their understandings of the mistake are different
110
non est factum
not my doing; defence only available to someone who, as a result of misrepresentation, has signed a document mistaken as to its nature and who has not been careless in doing so
- not valid defence to people who are careless
111
utmost good faith
a duty of disclosure owed when a special relationship of trust exists between the parties
112
undue influence
the domination of one party over the mind of another to such a degree as to deprive the weaker party of the will to make an independent decision
113
unconscionable contracts
contracts where there is unequal bargaining power between the parties and the powerful party gets and advantage
114
duress
actual or threatened violence or imprisonment as a means of coercing a party to enter into a contract
115
entirety clause
term in a contract stating that the whole agreement is contained in the written documents and that there are no other terms
116
indemnity
a promise by a third party to be primarily liable to pay the debt
117
executor
legal representative of the estate of a dead person
118
part performance
performance undertaken in reliance on an oral contract relating to an interest in land, and accepted by the courts as evidence of the contract in place of a written memorandum
119
unenforceable contract
a contract that still exists for other purposes but neither party may obtain a remedy under it through court action
120
plain meaning
dictionary definition of words
121
liberal meaning
looks at beyond plain meaning, looks at surrounding circumstances
122
contra proferentem
rule of contract interpretation that prefers the interpretation of a clause that is least favourable to the party that drafted the clause
123
parol evidence rule
a rule preventing a party to a written contract from later using parol evidence to add to, subtract from, or modify the final written contract
124
condition precedent
any set of circumstances or events that the parties demand must be satisfied or must happen before their contract takes effect
125
4 exceptions to parol evidence
1. written agreement does not contain whole agreement
2. missing term is part of a subsequential oral agreement
3. missing term is part of a collateral agreement for which there is separate consideration
4. missing term is a condition precedent to the written agreement
