Tort Law - Chapter 4

  1. 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
  2. What is tort law?
    the law that determines if wrong has occurred, and what the compensation should be
  3. What is the plaintiff?
    the person who sues
  4. What else can the plaintiff be called?
    • - claimant
    • -petitioner
    • - applicant
  5. Who is the defendant?
    the person who is getting sued
  6. What else can the defendant be called?
  7. What is a fault?
    The person/company/organization is deemed responsible for an error or defect in judgment
  8. What is the burden of proof?
    the requirement to prove a case
  9. Who has the burden of proof?
    The plaintiff must prove the defendant is liable
  10. 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
  11. What is volenti non fir injuria?
    a term that means the voluntary assumption of risk
  12. What is liability?
    any legal obligation that one party has towards another
  13. What is tort law?
    imposes duties and rights on individuals in a society with respect to their conduct
  14. 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.
  15. What is contract law?
    governs how a contract is acted upon and fulfilled.
  16. What is privity of contract?
    When two parties enter into a contract, they undertake legal obligations towards each other with respect to the contract
  17. What are the two types of torts?
    • 1. intentional torts
    • 2. unintentional torts
  18. 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
  19. 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.
  20. What are the two types of nuisance
    • 1. public nuisance
    • 2. private nuisance
  21. 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.
  22. Can a public nuisance be a criminal offence?
  23. What is a private nuisance?
    an injury to property
  24. What is reasonableness?
    • Reasonableness considers if the defendant is using the property in a
    • reasonable or unreasonable manner.
  25. 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
  26. What is a trespass to land?
    the unauthorized entry onto a property
  27. 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.
  28. What does chattel mean?
    a legal term referring to persons belonging or property that can moved
  29. What is trespass to chattels?
    • when personal property is touched for no reason, whether it is
    • damaged or not
  30. What is detinue?
    When a persons' property is taken for no reason
  31. What is conversion?
    when personal property is given with permission for a specific purpose and understanding that it will be returned
Card Set
Tort Law - Chapter 4
OACETT PPE Exam - Chapter 4