-
What is the definition of Tort?
- a wrongful act that results in injury to another's person, property,
- or reputation - that person is entitled to some kind of compensation
-
What is tort law?
the law that determines if wrong has occurred, and what the compensation should be
-
What is the plaintiff?
the person who sues
-
What else can the plaintiff be called?
- - claimant
- -petitioner
- - applicant
-
Who is the defendant?
the person who is getting sued
-
What else can the defendant be called?
Respondent
-
What is a fault?
The person/company/organization is deemed responsible for an error or defect in judgment
-
What is the burden of proof?
the requirement to prove a case
-
Who has the burden of proof?
The plaintiff must prove the defendant is liable
-
What is res ipsa loquitur?
A situation where the plaintiff can prove that the situation is obvious - then the defendant must prove they are not liable
-
What is volenti non fir injuria?
a term that means the voluntary assumption of risk
-
What is liability?
any legal obligation that one party has towards another
-
What is tort law?
imposes duties and rights on individuals in a society with respect to their conduct
-
What is criminal law?
- imposes duties and rights on individuals in society with respect to their conduct; but, criminal law puts the state against an individual or party, rather than two
- individuals against each other.
-
What is contract law?
governs how a contract is acted upon and fulfilled.
-
What is privity of contract?
When two parties enter into a contract, they undertake legal obligations towards each other with respect to the contract
-
What are the two types of torts?
- 1. intentional torts
- 2. unintentional torts
-
What are the types of intentional torts
- 1. Nuisance
- 2. Trespass to land
- 3. Trespass to chattel
- 4. Defamation
- 5. Deceit
- 6. False imprisonment
- 7. Assault and battery
-
What is a nuisance?
the excessive or unlawful use of one’s property that affects the life, safety or rights of another citizen or property owner.
-
What are the two types of nuisance
- 1. public nuisance
- 2. private nuisance
-
Describe a public nuisance
the excessive or unlawful use of one’s property that affects the life, safety or rights of another citizen or property owner.
-
Can a public nuisance be a criminal offence?
yes
-
What is a private nuisance?
an injury to property
-
What is reasonableness?
- Reasonableness considers if the defendant is using the property in a
- reasonable or unreasonable manner.
-
What is the defense to a tort nuisance?
- 1. The damage caused is negligible and unimportant
- 2. The property is being used in a lawful manner
- 3. |the damage caused by the action is the unavoidable result of performing an action allowed by statute
-
What is a trespass to land?
the unauthorized entry onto a property
-
What are the possible remedies for trespass to land?
- Damages if it is determined that the value of the property was diminished by the trespass.
- Injunction to suspend the continuance or repetition of the act.
- Forcible ejection if the defendant has been asked to leave and has refused to do so.
-
What does chattel mean?
a legal term referring to persons belonging or property that can moved
-
What is trespass to chattels?
- when personal property is touched for no reason, whether it is
- damaged or not
-
What is detinue?
When a persons' property is taken for no reason
-
What is conversion?
when personal property is given with permission for a specific purpose and understanding that it will be returned
|
|