Term
| Define tort and tort action |
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Definition
Tort - a civil wrong
Tort action - where injured party sues the one whose wrongful conduct caused that loss/injury |
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Term
| List out intentional torts. |
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Definition
1) Battery - deliberate, physical contact w/o consent
2) Assault - threatened battery; for peace of mind
3) False imprisonment - someone's freedom to come and go
4) Malicious prosecution -
5) Abuse of process - using civil law system to cause trouble for someone
6) Defamation - protect our reputation
7) Trespass - right to be safe on our property
8) Nuisance - use your property in an obnoxious way (eg. noise, smell)
9) Deceit - telling a lie to gain advantage
10) Conversion - changing something eg. you sell your neighbor's lawnmower
11) Inducing breach of contract
12) Injurious falsehood - lie about product that causes harm, eg. saying there's cow's blood in chocolate milk
13) Passing off - deceiving buyer's about goods, eg. selling fake purses
14) Violation of privacy - right to control our image and name
15) Using another's name/portrait - eg. using Usain Bolt's image in Jamaican patty shop
16) Interference with potential economic advantage - little company vs large company |
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Term
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Definition
* someone accidently behaves badly and it causes us harm
* keeps us safe from careless conduct |
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Term
| What are 4 things that need to be shown to prove negligence? |
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Definition
1) duty of care owed by the defendant to the plaintiff
2) Is there a breach of the standard of care?
3) Causes (brings about)
4) Damage/harm |
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Term
| What is the reasonable person test? |
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Definition
| behavior that is better than average but less than perfect |
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Term
| What is reasonable foreseeability test? |
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Definition
| we owe a duty to be careful to anyone we can reasonably forsee might be harmed by our conduct |
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Term
| What are defences against assault and battery? |
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Definition
* consent (informed and complete)
* self-defence
* accident (not mistake) |
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Term
| What are defences against false imprisonment? |
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Definition
* No actual confinement/submission
* Had authority to imprison |
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Term
| What are defenses against trespass? |
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Definition
* Had authority to do so
* Had consent
* Accident (not mistake) |
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Term
| What are defenses against nuisance? |
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Definition
* appropriate use of property for area
* interference was not reasonably foreseeable |
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Term
| What are defenses against defamation? |
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Definition
* truth - it turns out to be true that Mirela is a Hell's Angel
* absolute privilege - you are free to say what you want
* qualified privilege - eg. the teacher has the duty to check if people are cheating |
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