Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Torts test 5
| Question | Answer |
|---|---|
| What is an intentional tort? | A civil wrong other than a breach of contract, for which damages may be sought to compensate for any harm or injury sustained |
| What are the two categories of torts? | Intentional torts and negligence |
| What is strict liability? | Imposes liability without negligence or an intentional tort |
| Provide an example of strict liability | Nuisance |
| List the levels of intent in tort law from highest to lowest | Direct intent, transferred intent, negligence, vicarious liability, strict liability, absolute liability |
| Describe the difference between assault and battery in tort law | Assault is fear of contact, battery is actual physical contact |
| What are the common elements of assault and battery? | it was intentional, there was physical interference, and with another person |
| What are the 2 most common defences to claims of assault and battery in tort law? | consent and self defence the level of interference cannot exceed the consent (i.e. boxing/ hockey) consent must be informed (i.e. surgery) |
| MC: Elements of intentional infliction of mental suffering: | an act or false statement that is calculated to cause mental anguish which results in disturbance in the plaintiff's health and is capable of being diagnosed or confirmed by a physician |
| MC: The conduct of intentional infliction of mental suffering: | must be flagrant or outrageous, calculated to produce harm, and results in a visible and provable illness |
| What are the defences to strict liability? PART 1 | consent (if the plaintiff has consented to the dangerous activity), plaintiff's own actions (if the plaintiff does something to cause the escape of the dangerous thing) |
| What are the defences to strict liability? PART 2 | Act of god (if the escape of the dangerous thing was caused by an act of god or a third party), and Statutory authority (where a statute regulates the dangerous activity and the defendant has complied with the statute) |
| What are the defences to vicarious liability? | the wrongdoer was not really an agent, the agent was an independent contractor and not an employee, the wrongdoing was not done in the course of employment i.e. an employee uses a company car to run over her husband on lunch break |
| What is vicarious liability? | liability of a principal for the tortious acts of the principal's agent done within the scope of the agent's authority or employment |
| Compare the U.S. approach with that of Canada | The U.S. approach is that anyone who enters your homes is “entering at their own risk” and that “a man’s home is his castle” whereas Canada views it holds that our rights to protect our property are subordinate to our duty to promote safety |
| What are the 2 elements of trespass to land? | Entrance onto another's property and without the lawful right or owner's permission |
| What are some key elements to trespass to land? PART 1 | no damage or injury is required, intruder doesn't need to know he is trespassing, can include throwing something onto someone's property, trespassers are responsible for property damage, occupiers must not willfully or recklessly cause harm |
| What are some key elements to trespass to land? PART 2 | A greater duty is owed to minors who trespass, ignorance or mistake of law or fact is not an excuse for trespass (i.e. mistaken about boundary lines) |
| Can an occupier set traps to stop trespassers? | No, they cannot |
| What are the two elements of False imprisonment? | intentional restraint and without lawful excuse |
| Describe other scenarios where false imprisonment can be applied | mere submission to authority can be imprisonment, psychological confinement can occur where there is no barrier, this tort includes false arrest |
| What are the two types of defamation and how do they differ? | Libel and slander - libel is written defamation and slander is spoken defamation |
| What are the elements of defamation? | a false statement that is a published statement. Statement must be derogatory and to a specific person's detriment. |
| Can a dead person be defamed? | no |
| What does "published" mean in defamation | communicated to a third party (newspaper, radio, word of mouth) and it is sufficient if only one person hears the statement |
| Can a corporation be defamed? | yes, a corporation and a product can be defamed |
| What are the defences to defamation? | truth, fair comment, absolute privilege, and qualified privilege |
| Describe the defences to defamation further PART 1 | T: it must be the truth and not merely an honest belief, FC: it must be an opinion and cannot be motivated by malice (i.e. criticism of a movie), AP: parliamentary debate, statements made in a judicial proceeding, solicitor-client communications |
| Describe the defences to defamation further PART 2 | QP: it was made honestly, without malice, and circulated only to those who have a right to know |
| What are the two types of interference with possessions? | Detinue (wrongful possession of a chattel that belongs to another) and conversion (wrongful possession that includes exercise of rights of ownership, preventing the actual owner from exercising such rights) |
| What are the key elements of nuisance? | The intentional use of land in a way that interferes with a neighbour's use and enjoyment of their land. The interference is usually ongoing - can include harassing phone calls |
| Provide examples of nuisance | excessive noise, odours, excessive light/ shade, projectiles |
| What is required for privacy? PART 1 | defendant's conduct must be intentional or reckless, defendant must have invaded without lawful justification the plaintiff's private affairs or concerns, |
| What is required for privacy? PART 2 | and in a way that a reasonable person would regard the invasion as highly offensive casting distress, humiliation or anguish |
| What are some additional defences to intentional torts? | consent, necessity, duress, limitation periods |
| What must be proven in strict liability? | defendant brought something harmful onto their property, they made use of it for their own benefit (including profit), and the use of the thing was unusual or non-natural |
| What are the 3 most common relationships in vicarious liability? | employer-employee partner-partnership corporation-director or executive officer vehicle owner-borrower (with permission) |
| Describe Occupiers Liability | the duty of care that occupiers of land (whether by ownership or lease) owe to people who trespass, in Ontario it is governed by the Occupiers Liability Act, Common law rules do not apply in Ontario |
| Define attractive nuisance | a dangerous condition of property that may arouse the interest of children |
| Define Bailment | an agreement between parties that one will store the goods of another |
| Define Bailor | the party who has handed over goods for storage to another |
| Define Bailee | the party who holds or stores goods for another |
| Define conspiracy | an agreement between or among parties to deceive, mislead, or defraud others of their legal rights, or to gain an unfair advantage |
| Define slander of goods | false or misleading statements intended to deter another from entering into a transaction |
| Define tortious | an act that is a tort, a civil wrongdoing |
| Define transferred intent | intent to harm another party that results in harm to a third party |
| Define tortfeasor | the person who commits a tort |
| Define cause of action | a set of factual elements that entitle a plaintiff to sue |
| Define direct intent | done with conscious purpose |
| Define absolute liability | liability that is imposed automatically when certain conditions are met (usually under a statute) without reference to negligence or intent. |
| What is the most common limitation period? | 2 years from the date of the incident |
| Identify the tort and the crime in: one person hits another | Tort: battery Crime: assault |
| Identify the tort and the crime in: one person holds another against their will | Tort: false imprisonment Crime: forcible confinement |
| Identify the tort and the crime in: one person breaks into another's house | Tort: trespass Crime: break and enter |
| Identify the tort and the crime in: one person takes another's belonging | Tort: detinue Crime: theft |
| Identify the tort and the crime in: one person kills another | Tort: wrongful death Crime: Homicide |
| Identify the tort and the crime in: one person publishes lies about another person | Tort: Libel (written defamation) Crime: Defamatory Libel |
| What must a plaintiff show in the initiation of a criminal proceeding with malicious intent for no reasonable or probable cause? | the defendant is responsible for initiating a criminal proceeding against the plaintiff, the defendant was motivated by that of carrying the law into effect, there was no reasonable cause for the proceeding, and the plaintiff is acquitted |
Created by:
Kelseym98
Popular Criminal Justice sets