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Unite 5A

Unit 5A – The Language of the Law of Tort (TOLES)

TermDefinition
wrong is something that causes harm or damage to another person
conduct is a more formal word that means behavior
overlap means that these areas of law include some things that are the same
a principle of law an established idea that is used as the basis for a particular area of law
to slip to fall because of stepping in something that is wet or icy
a tort is conduct that causes harm to another person.
the heads of tort are the different categories of tort that exist in English law
to bring an action in tort means to sue someone on the grounds that I have suffered harm.
a remedy is something that compensate me for my loss or that stops the harm from happening again.
to trespass means to interfere with something or someone
the two types of trespass are trespass to land and trespass to the person
trespass to the person means to harm someone in a physical way
the tort of assault to make someone afraid that I will physically hurt them
the tort of battery to actually hurt someone in a physical way
the tort of false imprisonment to keep someone in a certain place without that person’s permission
defamation occurs when someone makes a negative statement about another person which harms that person’s reputation.
the tort of libel is publishing the statement in a permanent form, for example, writing it in a book.
to tort of slander refers to a statement in a form that is not permanent, for example, saying something in ordinary conversation.
negligence occurs when you cause harm to another person because you were not careful enough
the duty of care the law of tort says that in situations where you can anticipate that your conducts is likely to cause harm to another person then you have a duty to be careful
omissions are the things that I do not do
foreseeable means that the results of my conduct are predictable.
deterrent is something that persuades a person not to behave in a particular way
negligent conduct is behavior that might lead to harm.
redress means to correct something that is unfair, usually by putting the claimant back in the position that he or she was in before the negligent conduct happened. The noun ‘redress’ has a very similar meaning to compensation.
entitled to redress means being entitled to receive compensation or damage
remote damage if the harm was not reasonably foreseeable
proof of damage when the claimant must prove that the defendant’s conduct caused harm
actional per se if conduct is actionable per se, it means that the claimant does not need to provide proof of damage. ‘per se’ (Latin) means ‘by itself’ in English.
act a document attesting a legal transaction
actionable giving sufficient reason to take legal action
assault an act that threatens physical harm to a person, whether or not actual harm is done.
battery the infliction of unlawful personal violence on another person, even where the contact does no physical harm.
compensate give (someone) something, typically money, in recognition of loss, suffering, or injury incurred; recompense
compensation something, typically money, awarded to someone in recognition of loss, suffering, or injury.
conduct the manner in which a person behaves, especially in a particular place or situation.
damage physical harm that impairs the value, usefulness, or normal function of something.
damages detrimental effects.
defamation the action of damaging the good reputation of someone; slander or libel.
deterrent a thing that discourages or is intended to discourage someone from doing something.
duty of care a moral or legal obligation to ensure the safety or well-being of others
false imprisonment the state of being imprisoned without legal authority
foreseeable able to be foreseen or predicted.
harm physical injury, especially that which is deliberately inflicted.
heads of tort It uses the term "head" in its sense of "category"; each head of loss refers to the damages that correspond to a particular category of duty.
intention conceptions formed by directing the mind towards an object.
liable responsible by law; legally answerable.
libel a published false statement that is damaging to a person's reputation; a written defamation.
negligence breach of a duty of care which results in damage.
negligent failing to take proper care over something.
nuisance an act which is harmful or offensive to the public or a member of it and for which there is a legal remedy.
objective (of a person or their judgement) not influenced by personal feelings or opinions in considering and representing facts.
omission the action of excluding or leaving out someone or something.
omit leave out or exclude (someone or something), either intentionally or forgetfully.
overlap a common area of interest, responsibility, etc.
per se by or in itself or themselves; intrinsically.
principle of law (law) a principle underlying the formulation of jurisprudence
proof the spoken or written evidence in a trial.
redress remedy or compensation for a wrong or grievance.
remedy a means of legal reparation.
remote distant in time.
slander the action or crime of making a false spoken statement damaging to a person's reputation.
subjective based on or influenced by personal feelings, tastes, or opinions.
tort a wrongful act or an infringement of a right (other than under contract) leading to legal liability.
tortfeasor a person who commits a tort.
trespass make unfair claims on or take advantage of (something).
wrong an unjust, dishonest, or immoral act.
Created by: bactra
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