Module 3 Flashcards
(22 cards)
What is the definition of a Tort?
A tort is an act that causes harm to another individual and justifies compensation. It can be intentional (intentional harm) or unintentional (negligence).
What are the types of Torts?
- Intentional Torts – Harm caused deliberately.
- Negligence – Harm caused by carelessness.
- Strict Liability – Harm caused by inherently dangerous activities, regardless of intent.
What are the elements of Negligence?
- Duty of Care – Did the defendant owe a duty to the plaintiff?
- Standard of Care – Was the defendant’s behavior reasonable?
- Causation – Did the defendant’s actions cause the harm?
- Damages – Was there measurable harm to the plaintiff?
What is Duty of Care?
A legal obligation to act with care to avoid causing harm. Determined by foreseeability and policy reasons (Ann’s Test).
What is Standard of Care?
A measurement of how a reasonable person or business would act in similar circumstances. Comparison with industry standards.
What is Causation?
The link between the defendant’s actions and the harm caused. Difficult to prove.
What are Damages in tort law?
The harm suffered by the plaintiff. It can be physical, psychological, or financial.
What are examples of Intentional Torts?
- Assault – Threat of immediate harm.
- Battery – Unwanted physical contact.
- False Imprisonment – Unlawful detention.
- Trespass – Unauthorized entry onto property.
- Defamation – False statement that harms reputation.
- Nuisance – Interference with property enjoyment.
- Deceit – False statements intended to mislead.
- Injurious Falsehood – False statement about a business causing loss.
What are the elements of Defamation?
- Publication – Statement was communicated to others.
- False Statement – The statement was not true.
- Reference to Plaintiff – Statement clearly refers to them.
- Harm – Statement caused reputational or financial harm.
What are the defenses to Defamation?
- Truth – Statement was factual.
- Absolute Privilege – Statements made in Parliament/court.
- Qualified Privilege – Honest statements made with a duty to report (e.g., employment references).
- Fair Comment – Honest opinion on public figures/events.
What is Strict Liability?
A business is liable for harm caused by inherently dangerous activities, even if precautions were taken.
What is Product Liability?
Businesses have an implied duty through contract law to ensure products are safe.
What is Professional Liability?
Higher standards of care apply to professionals (e.g., doctors, lawyers, accountants).
What are the remedies for Torts?
- Compensatory Damages – Money awarded to cover loss.
- Punitive Damages – Extra compensation as punishment.
- Nominal Damages – Small compensation when harm is minor.
- Injunction – Court order to stop harmful activity.
What is Risk Identification for Businesses?
- Prevent risk – Training employees, ensuring safety.
- Shift risk – Insurance policies.
- Accept some risk – Budgeting for potential liability.
- Reduce legal exposure – Negotiation, mediation, legal consultation.
What is the evaluation of Negligence Cases?
- Were they careless in product design or marketing?
- Did they follow legal safety standards?
- Can they avoid court through ADR (Alternative Dispute Resolution)?
- What is the financial and reputational impact of litigation?
What is Contributory Negligence?
If the plaintiff contributed to their own harm (e.g., accepting a ride from a drunk driver), compensation may be reduced.
What is Voluntary Assumption of Risk?
If a person knowingly accepted physical and legal risk (e.g., signing a waiver for a dangerous activity), they may have no claim.
What is Remoteness of Damages?
If harm was too unforeseeable or remote, liability may not apply.
What is Alternative Dispute Resolution (ADR)?
- Negotiation – Settling without court.
- Mediation – Neutral party helps both sides agree.
- Arbitration – A third party makes a binding decision.
3 types of false statements
*Deceit: business makes false statement, which it knows to be false, and intends to mislead, and causes a loss
*Injurious Falsehood: false statement about a business, even if not intended to cause a loss, and causes a loss (typically about property ownership or product quality)
*Defamation: false statement that could lead a “reasonable person” to have lower opinion of someone (including a business)
What factors will a judge consider when granting remedies?
Contributory negligence: When there is evidence that the plaintiff contributed to the problem or loss, the court apportions damages like 75% v. 25% (Example: Jim gets hurts in bar fight, or accepts ride with drunk friend and gets in accident, and so court will try to assess Jim’s role in the harm he has suffered)
Voluntary assumption of risk: If person accepts both physical AND legal risk then they cannot claim any damages, where the legal risk is agreeing to give up right to sue for negligence (Example: Hockey players sign contracts and agree to accept both physical AND legal risks)
Remoteness: If someone’s reaction is so strange that their injuries are too “remote” and not forseeable, then courts won’t award damages (Example: Mustapha case where he is changing water bottle and sees a fly and has very unusual reaction of nightmares and depression)
