Chapter 4 + 18 Law

What is a tort and what is the purpose of tort law?

tort is a wrongful act that causes harm to another person or their property. The purpose of tort law is to compensate victims, while criminal law focuses on punishment.

What are the main bases for tort liability?

Fault, strict liability, and public policy.

What is the difference between fault and strict liability?

Fault means the defendant acted intentionally or carelessly. Strict liability means the defendant can be liable even without fault, usually because they caused harm through a risky activity.

What is vicarious liability?

when an employer is liable for torts committed by an employee during the course of employment, even if the employer was personally blameless.

Why does vicarious liability exist?

Because employees may not have enough money to compensate victims, and it is fair that the employer who benefits from the work also bears the risk of losses caused by that work.

When is an employer not vicariously liable?

When the employee is acting outside the course of employment, such as doing something personal or a “frolic of their own.”

Can an employer be liable for an employee’s intentional tort?

Yes, if the intentional wrongful act is strongly connected to the employee’s authorized work or the risk created by the employment

What are the 5 factors used to decide if an employer is vicariously liable for an employee’s intentional tort?

Opportunity, employer’s goals, friction created by the business, power of the employee, and vulnerability of the victim.

What is an intentional tort?

A tort where the act was done on purpose, even if the harm was not intended.

What is the difference between assault and battery?

Assault is the threat of immediate violence. Battery is actual physical contact without consent.

What is nuisance?

Nuisance is interference with the use of public facilities or interference with a person’s use and enjoyment of land.

What is the difference between public nuisance and private nuisance?

Public nuisance interferes with public rights or public facilities. Private nuisance substantially and unreasonably interferes with someone’s use and enjoyment of land.

What are false imprisonment and malicious prosecution?

False imprisonment is intentional restraint without legal justification. Malicious prosecution is causing criminal prosecution without reasonable grounds and with malice/improper purpose.

What is defamation?

Defamation is a false published statement that harms another person’s reputation.

What is the difference between libel and slander?

Libel is written defamation. Slander is spoken defamation.

What are the main defences to defamation?

Truth, absolute privilege, qualified privilege, fair comment, and responsible communication on matters of public interest.

What are economic torts?

Torts that interfere with business or economic interests, such as inducing breach of contract, unlawful interference with economic relations, injurious falsehood, and passing off.

What is negligence?

Negligence is carelessly causing injury or damage to another person or their property.

What are the 4 elements required to prove negligence?

The defendant owed a duty of care, breached the standard of care, the plaintiff suffered injury or damage, and the defendant’s conduct caused the damage.

What is duty of care?

A close relationship where it is reasonably foreseeable that the defendant’s actions could harm the plaintiff.

What do foreseeability and proximity mean?

Foreseeability means the harm was predictable. Proximity means there was enough closeness or connection between the plaintiff and defendant.

What is standard of care?

The level of care a reasonable person would take in the same circumstances.

How does the standard of care change?

The greater the risk, the higher the standard of care. Courts also consider the activity, social usefulness, and cost/feasibility of preventing the risk.

What is causation?

The connection between the defendant’s breach and the plaintiff’s injury. The usual test is the “but for” test: but for the defendant’s conduct, would the injury have happened?

What is remoteness?

A limit on liability where the type of damage must be reasonably foreseeable, not too unrelated or far removed from the defendant’s conduct.

What is the thin skull/egg shell rule?

Once the type of injury is reasonably foreseeable, the defendant must take the victim as they find them, even if the victim suffers worse harm than expected.

What are the main defences to negligence?

Contributory negligence, voluntary assumption of risk, and failure to mitigate damages.

What does contributory negligence mean?

What does contributory negligence mean?

What does voluntary assumption of risk mean?

What does voluntary assumption of risk mean?

What does failure to mitigate mean?

The plaintiff failed to act reasonably to reduce or minimize their damages after the injury occurred.

What is product liability?

A negligence tort where manufacturers may be liable for harm caused by defective products.

What does product liability include?

Negligence in design, production, inspection, and failure to warn about dangers.

What is the duty to warn?

A manufacturer’s ongoing duty to warn users about potential dangers in using the product, especially for inherently dangerous products.

What is occupier’s liability?

Liability for injuries that happen on land or premises controlled by an occupier.

What duty do occupiers owe?

Occupiers owe a common duty of care to lawful visitors to keep the premises reasonably safe.

What is the usual remedy in tort law?

Damages, meaning money awarded to compensate the victim for loss or injury.

What is the difference between special damages and general damages?

Special damages compensate for quantifiable losses like medical bills, repair costs, or lost wages. General damages compensate for losses that are harder to measure, like pain and suffering or loss of enjoyment of life.

What are punitive damages?

Damages awarded in rare cases to punish the wrongdoer for extreme or intentional misconduct.

What are restitution and injunctions?

Restitution orders property to be returned. An injunction orders someone to stop doing something, while a mandatory injunction orders someone to do something.

How can businesses manage tort liability risks?

By identifying risks, assessing likelihood and seriousness, getting legal advice, using insurance, warning users of risks, and using quality control practices that meet industry standards.

What is a dependent contractor?

A worker who has their own business and controls how tasks are completed, but works mainly for one client over a long period and is economically dependent on that client.

What legal protection do dependent contractors receive at common law?

They must be given reasonable notice of termination.

What is employer liability in contract?

An employer remains liable for proper performance of its contractual obligations, even if an employee or subcontractor does the work.

What is the construction example of employer liability in contract?

If a construction firm agrees to build a building and hires a subcontractor who does defective work, the construction firm is still liable for breach of contract.

What is employer liability in tort?

Employers are liable to third parties for torts committed by employees in the course of employment.

When can an employer be primarily liable in tort?

When the employer was negligent in selecting, training, or supervising the employee.

What is the projector example of vicarious liability?

If an employee breaks a client’s projector while doing a sales demonstration for work, both the employee and employer may be sued.