| Term | Definition |
|---|
| intentional or deliberate acts that cause injury or loss, careless or negligent acts that cause injury or loss | categorites of tort |
| examples: assautl and battery, trepass to land, false imprisonment, nuisance, defamation..courts may award punitive damages | Intentional torts |
| where there is fear of contact, battery least touching in anger, defences: 1. accident not mistake 2. consent (informed) 3 self defence (reasonable force) | assault and battery |
| being on another's land without authority-permission implied for business offering public services, occuper owers only minimal duty to trespasser, continuing trepass remedied by injunction | Trepess to to land |
| unlawful and intentional restraint of a person against his/her will, restraint must be total, victim must submit or be forced to comply, restraint may be justified if the person has done something s/he can be arrested for... remedies: special, general and punitive damagaes | false imprisonment |
| public nuisance affects public in general, private nuisnace interferes with another | nuisance |
| a false statement about someone to his detriment, must be pubnlished or broadcast, slander: spoken defamation, libel: written defamation.... damages- assumed for libel must be proven for slander... defences: 1. truth 2. absolute privilege 3. qualified privilege 4. fair comment | defamation |
| inadvertent, careless conduct that causes injury to another, important aread of tort liability for professionals | negligence |
| existence of a duty of care, breach of that duty, injury or damage resonably foressable, the act cause the injury, no contributory negliegnece | neglience essentials |
| reasonable foresssability test | is a duty owed |
| misfeasance- an act that causes harm to another, court will provide remedy; nonfeasance- a failure to prevent an injury, courts reluctant to provide remedy; if a person attempts to help, there is a duty to exercise reasonable care | duty of care |
| reasonable person test; reasonable person is a prudent person exercising care, conduct falling between average and perfect | breach of the duty of care |
| children liable for their torts when standard is that of a reasonable child of that age; parents not generally responsible for their children's torts except when there is obvious failure to control, instruct or supervise | liability of children |
| courts will award compensation when negligent words cause financial loss | negligent misstatement |
| liability when there is no fault; when a dangerous situation is created by an unusual use of property, the owner or ocupier is liable for all damages when it escapes | strict liability |
| plaintiff must show injury to self or loss of property as a result of defendant's negligence, courts will compensate for economic loss, mental disorder but not simply mental distress | loss or injury |
| the injury must be a direct result of the careless conduct, "but for" test, but for the conduct of the plaintff, no injury would have resulted | causation |
| remoteness test- whether the specific type of injury suffered was reasonably foreseeable, test establised in Anns case pplied, thin skull rule, crumbling skull rule | defences |
| contributoy negligence, negligence act allows court to apportion responsibility | defenses 2 |
| voluntarily assuming the risk, occupiers liability act, does not apply to work related accidents | defences 3 |
| manufactures are liable for injuries caused by defective products, plainttiff must establish that the manufacturer was negligent, breach of manufacturer's duty can be implied for circumstances, manufacturers must warn of dangers associated with product | product liability |
| duty often set out in contract, courts may extend liability to parties outside of the contract | professional liaability |
| standard of care expected of professionals | negligence |
| people who suffer economic loss because of a professionals negligent statements may recover damages; whether a duty was owed is determined by reasonable foreseeability test | to whom is duty owed? |
| professionals should be aware of the standard of care expected of them- adapt practices to aovid risk; professionals owe a fiduciary duty to clients- 1must act with loyalty and good faith, 2must disclose pertinent information 3 use extreme care with funds entrusted tot hem | risk avoidance |
| often a condition of practise for professionals-- 1. protects against damages resulting from errors and omissions, 2. premiums can be a significant business expense 3. may cover legal costs when professional is sued | insurance |
| inducing breach of contract, deceit, conversion, passing off action, inuurious falsehood | other business torts |
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