Session 4 Flashcards
Law of Torts (88 cards)
1
Q
What does “tortus” mean in Latin?
A
Wrong
2
Q
Tort
A
A breach of private context.
3
Q
True or false: Not all wrongs are torts, but some torts are criminal acts.
A
True
4
Q
True or false: Torts must involve an intentional act.
A
False: Not all torts involve intentional acts.
5
Q
Typical Elements of a Tort
A
- Wrongful act or omission
- Causation (the wrongful act caused harm)
- Quantifiable harm
6
Q
3 Common Examples of Why Torts Matter in the Business Context
A
- Occupiers’ Liability
- Vicarious Liability
- Professional Negligence
7
Q
Is crime a public wrong or private wrong?
A
Public Wrong
8
Q
Is a tort a public wrong or private wrong?
A
Private Wrong
9
Q
True or false: Many torts do not require an intention to cause harm.
A
True.
For example: Cutting across your neighbor’s lawn is the tort of trespassing, even if you do not mean to cause harm.
10
Q
Categorizations of Torts
A
- Intentional Torts
- Unintentional Torts
- Special Tort Liability of Business Professionals
- Interference with Land and Chattel
- Business Related Torts
11
Q
List 3 Intentional Torts
A
- Assault and Battery
- Defamation
- Trespass to Land & Tresspass to Goods
- Slander of Goods and Slander of Title
- Inducing breach of contract
12
Q
List 3 Unintentional Torts
A
- Standard of care and its breach
- The issue of causation
- Vicarious liability of employers
- Occupier’s liability of businesses
- Product liability of manufacturers
13
Q
List 3 Special Tort Liability of Business Professionals
A
- May have a fiduciary duty toward client
- Lawyers
- Engineers
- Accountants
- Architects
14
Q
List 3 types of Interference with a Person
A
- Assault and Battery
- False Imprisonment
- Slander
- Libel
15
Q
List 2 types of Interference with land chattel
A
- Tresspass to land
- Tresspass to goods
16
Q
List 2 types of business related torts
A
- Deceit
- Slander of goods and slander of title
- “Unlawful means”
- Unfair business practices
17
Q
Assault
A
A threat of violence or injury causing reasonable fear of imminent danger, and does not need to be accompanied by the application of force to be actionable.
18
Q
Battery
A
Unlawful touching or striking of a person with intention to harm.
19
Q
When is assault and battery an issue in a bussiness context (commonly).
A
Companies which do crowd control, or removal of unruly customers at a bar.
20
Q
False Imprisonment
A
Involves restraint/confinement of a person with the vitim’s freedom being restricted.
21
Q
True or false: Restraint of a person who has committed a crime is allowed until the police takes care of it.
A
True.
However, if a storr were to hold a shoplifting suspect waiting for the police if they are found not guilty the store will likely get into trouble.
22
Q
Defamation:
A
Occurs if a false statement is made that can injure a person’s reputation.
23
Q
True or false: Defamation is not a very prevalent issue with social media today.
A
False: Defamation is very prevalent with social media today.
24
Q
True or false: Defamation includes a false statement, even if no intention to defame, and must be public (at least one other person).
A
True
25
True or false: If a statement is true, it cannot be defamation.
True.
This is the best defense against claims of defamation.
26
Common Defamation Defences
- Fair comment
- The statement is true
- Qualified Privilege
- Responisible Commucation
- Absolute Privilege
27
Fair Comment
A legal defense that allows people to express their opinions about public figures without fear of being sued for libel.
28
The Statement is True
Best defense as it cannot be defamation if the statement is true.
29
Qualified Privilege
Permitting open discussion of an allegation or rumor, if conducted responsibly and with due care for the privacy of the person whose reputation would be affected.
30
Responsible Communication
The responsible communication defense is a legal defense that protects publishers from defamation lawsuits when they have acted responsibly in reporting on matters of public interest.
31
Absolute Privilege
Absolute privilege is a legal defense that protects people from defamation lawsuits in certain circumstances.
32
True or false: Both people and things can trespass to land.
True
33
Trespass to Land
Committed by entering or remaining on land or placing an object on land in possession of someone else without justification.
34
True or false: Trespassing in business context might arise if business wants to remove unruly customers from their premises who refuses to leave.
True
35
Trespass to Goods/Chattel
Involves wrongful interference with tangible property.
36
Chattel
An item of property other than real estate.
37
True or false: Consent from the person who owns the object does not disallow trespassing.
False: Consent from the person who owns the object disallows trespassing (for the allowed time).
38
Deceit/Fraudulent Misrepresentation
Requires inducing another party into a contract by false statements.
39
True or false: Under fraudulent misrepresentation the party making the false statement is unaware that it is false.
False: The party making the false statement either knows it is wrong or recklessly makes the statement without checking its accuracy.
40
True or false: You can have a tort and contract claim for the same issue.
True
However, you may only receive damages once.
41
Fraudulent Conversion
Fraudulently obtaining goods.
42
How does fraudulent conversion differ from theft?
The goods are not taken without consent, but are provided by the owner voluntarily based on fraud.
43
True or false: Fraudulent conversion is a serious criminal offence.
True
44
Slander of Goods
Lying about a competitor. A false statement that damages a person's property, product, or business. It's a type of malicious falsehood.
45
What other names can slander of goods be called?
- Trade Libel
- Commercial Disparagement
46
True or false: The slander of goods tort can also arise in consumer context, where consumers make untrue statements about the products of a business.
True
47
True or false: If there is no damage, the tort is attempted.
True
48
Slander of Title
Refers to untrue statement about another person's right to the ownership of goods.
For example: Claiming your competitor does not own their store.
49
Tort of "Unlawful Means"
The tort of unlawful means allows a plaintiff to sue a defendant for economic losses caused by the defendant's unlawful actions.
50
Does the tort of unlawful means allow for suing for economic loss?
Yes, it allows suing for economic loss resulting from a civilly actionable wrong against a third party.
51
Negligent Tort
A negligence tort is a lawsuit filed against a person or entity for causing harm to another person due to their negligence.
52
Which are more common: negligent torts or intentional torts.
Negligent torts
53
What are the basic conditions for a negligent tort?
1. Someone owes a duty of care
2. There is an act or omission which breaches that duty
3. An injury is suffered as a reasonably forseeable consequence of that very breach
54
True or false: If no duty of care is owed there may still be negligence.
False: If no duty of care is owed then there is no negligence.
55
How is expected standard of care measured?
- That of a "reasonable person" (objective test)
- Increased standard for professional employees
56
Who is the "reasonable person"?
The "reasonable person" is an idealized/objective entity, that no actual person compares to.
57
The "But For" Test in Causation
The "but for" test is a legal principle used to determine causation in a case, essentially asking whether an injury or harm would have occurred "but for" the defendant's actions.
58
True or false: Acts or omission must be connected in a direct way to the injury without intervening events breaking that chain.
True
59
What is compensable under the "But For" Test?
Only forseeable damages from the wrongdoer's conduct.
60
Vicarious Liability
Liability at law of one person (employer) for acts of another person (employee).
61
True or false: Employers are only liable for issues which arise in the line of duty.
True
If there is a fistfight in the breakroom, the employer is not liable, as this is not part of the job.
62
What are some reasons for holding employer liable?
- Employees may not have financial means for damages they cause, while employers do
- Employer should bear responsibility for loss caused by work the employer is directing
- Employer can obtain insurance coverage for such liability.
- Encourage employers to take proactive steps to reduce potential harm.
63
What are some requirements for holding employer liable?
- Tort must have been committed by employee in the course of their employment.
- Must have a direct link to the duties that the employee ought to perform
64
Occupier's Liability
Occupiers' liability is a legal concept that establishes a duty of care for people who own or control property. It applies to the safety of people who visit or trespass on the property.
65
True or false: Occupier's liability can be triggered by someone injured at/near a business premises.
True
66
Manufacturer's (Product) Liability
Arises out of damage caused to people or property by defective or dangerous products.
67
True or false: Manufacturer owes duty of care to anyone reasonably forseen to use the product.
True
68
Nuisance
Arises if one party interferes with the enjoyment of someone else's real property.
69
True or false: Nuisance must cause physical damage to property.
False: Nuisance can occur even without actual or physical damage to the real property.
70
True or false: Accidents such as broken water/sewage pipes can result in nuisance lawsuits.
True
71
True or false: The smell of livestock in rural SK would be deemed nuisance.
False: You cannot complain that there is smell from livestock in rural SK, but you could in downtown Toronto (it is expected in SK, but not in TO), another example of this is construction at 3pm vs 3am.
72
Negligent Misrepresentation
A party makes statements during negotiation phase of a contract which are inaccurate and thereby inducing the other party to enter into the contract. These statements are made carelessly or negligently.
73
Special Tort Liability of Business
Applies to professionals who have formal education, experience, and licensing requirements, and who are regulated by professional associations.
74
True or false: If a professional can argue that they followed the standard procedure a claim will likely be dismissed.
True
75
Types of Tort Defences
1. Failure to prove tort
2. Contributory Negligence
3. Act of God
4. Assumption of Risk
5. Statute of Limitations
76
Failure to Prove Tort
Victim must bear the burden of proof, and there must be proof that tort occurred, defendant was responsible, victim suffered quantifiable harm.
77
Contributory Negligence
Arises if plaintiff contributed to injury due to their own action.
78
Act of God
Events beyond anyone's control, such as in lightning, hail and other severe weather events.
79
Assumption of Risk
Protects a defendant from liability if a plaintiff voluntarily accepts the risk of injury.
80
Statute of Limitations
To bring closure to a case within reasonable time.
81
If you have a tort claim when must you bring it forward.
Within 2 years of being aware you have a claim.
82
Types of Tort Remedies
1. Compensatory Damages
2. Punitive Damages
3. Injunctions
4. Nominal Damages
83
Compensatory Damages
Aims to place the victim into the same position had the tort not occurred.
84
Punitive Damages
Are meant as a deterrent to future similar behaviour and to punish the wrongdoer.
85
Injunctions
Court order to stop an ongoing tort.
86
Nominal Damages
Small amounts of money.
Might be awarded if the tort itself did not result in monetary loss or suffering from the victim.
87
How else are nominal damages referred to.
Symbolic Damages
88
True or false: Legal costs can be awarded as nominal damages.
True
