Tort Flashcards
(25 cards)
What is tort?
Harm arising from an act that violates general duty
Objective of tort?
COMPENSATE VICTIMS where inaction or negligence causes harm to another
- damages by injured party: loss of earnings, compensation for pain/suffering, medical expenses (current and future)
To protect against tort you need ____ insurance
liability
What are the principles of tort law (3 items)?
- defendant owed the plaintiff a DUTY OF CARE
- defendant BREACHED THE DUTY by his or her conduct
- defendant conduct CAUSED INJURY/HARM to the plaintiff
What is meant by Duty of Care?
legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others
Tort liability is ____
Limited
- tort based on negligence that is an honest mistake may not succeed
- cause of injury must not be too remote (linked to breach in a reasonable manner)
Breach of Duty = _____
standard of care NOT met
- expert evidence establishes whether the action (or inaction) was reasonable for a competent member of the profession
- professionals who are specialists have a higher standard of care
What is Causation?
- only losses caused by the breach of duty are recoverable
- loss must be proximate to the breach (not too remote)
What is Fiduciary Duty?
special relationship of trust in which the party owing the duty (fiduciary) is required to put the interest of the party owed the duty (beneficiary) ahead of its own
- doctor-patient, lawyer-client, consultant-client relationships
- beneficiary is vulnerable to the power of the fiduciary
What is the Duty to Warn?
Professionals must warn others of impending damage to persons or property.
What is meant by Vicarious Liability?
Form of strict, secondary liability that arises under common law
- ** superior responsible for the acts of subordinate ***
- Company takes financial burden of case for their employee
- -> in the case of employer taking responsibility for employee, the act must have been authorized or connected with an authorized act (similar to normal work duties)
Pure Economic Loss?
Financial loss without any associated personal injury or property damage
What are Limiting claims?
contractual limitations
- owner’s contract specifically mentions that consultant not responsible for work methods –> so has limited exposure for dangerous work methods
What is Product liability?
Manufacturer liable for defective product
- no contract b/w consumer and manufacturer
Concurrent liability in Tort and Contract
Unless specifically stated in contract, standard of care expected in a contract is the same as that expected under tort
Concurrent Tortfeasors
Two parties are liable for tort
- can be split different between both parties
What is Fraud?
- intentional tort
- statements made with the knowledge that they are untrue –> intentionally made
What is Trespass?
- intentional tort
- unauthorized entry onto another’s property
What is Defamation?
- providing a false statement that harms the reputation of a particular party
- spoken = SLANDER
- written = LIBEL
What is Negligence?
an unintentional tort
- an act of omissions in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain under the circumstances
Negligence: elements that are required for compensation (3 items)
- defendant owed the plaintiff a duty of care
- defendant breached that duty
- plaintiff suffered a loss because of the breach of duty by the defendant (not too remote)
What is transition?
Type of agreement by which a contractor agrees to provide service to a company in a transition period, even though the original agreement is discontinued
What is a public nuisance?
interfering with or damaging/obstructing a public right
- e.g. polluting a waterway
- attorney general is the plaintiff
What is a private nuisance?
substantial and unreasonable interference with occupier’s use and enjoyment of land/property
- individual who complains = plaintiff
