Tort Law

150 vocabulary-style flashcards covering core tort concepts, doctrines, case examples, and remedies drawn from the notes.

Tort

An act by D that causes harm to P for which the law provides a remedy other than breach of contract.

Cause of action

A legally recognised wrongdoing for which the court provides a remedy, such as damages.

Elements of a tort

Fundamental components P must prove: duty, breach, causation, remoteness, and damages.

Intentional tort

A tort committed on purpose, such as battery, trespass, or defamation.

Unintentional tort

A tort caused by negligence rather than intent.

Negligence

A careless act causing harm; core tort; requires duty, breach, causation, remoteness, and damages.

Duty of care

A legal obligation to avoid acts or omissions that could foreseeably harm others.

Standard of care

The level of care a reasonably prudent person would exercise in similar circumstances.

Causation

The link between the breach of duty and the harm suffered (but-for test).

Remoteness

Whether the type of harm was reasonably foreseeable as a result of the breach.

Thin skull rule

You must compensate full extent of harm even if P’s vulnerability makes it greater than typical.

Reasonable person

An ordinary, prudent person in the defendant’s position used in the standard of care test.

Professional standard

When D has specialized skills, the standard is that of an ordinary person with those skills.

Duty of care to customers

Businesses owe a duty to take reasonable care to avoid foreseeable harm to customers.

Neighbour principle

Duty to take reasonable care to avoid acts that could foreseeably injure one’s neighbour.

Donoghue v Stevenson

Founding case of modern negligence law; established the neighbour principle.

Fullowka v. Pinkerton's (2010 SCC)

Court held Pinkerton’s not liable; duty of care requires reasonable actions, not perfection.

Foreseeability test (duty)

Determine if P falls into a class of persons D should reasonably foresee harming.

Proximity

The closeness or relation between D’s conduct and P’s harm, supporting a duty of care.

Privity of contract

Only parties to a contract can sue or be sued for breach of that contract.

Duty of care to road users

Drivers owe a duty to pedestrians, bystanders, cyclists, etc., to avoid harm.

Policy considerations (duty)

Courts may refuse to recognize a duty to avoid floodgates of weak claims.

Step 2: Standard of care (negligence)

What would a reasonable person have done in D’s position? Breach occurs if not.

Reasonable person standard (practice)

A standard that adapts for professional skills or situational risk.

Step 3: Causation (negligence)

Was the breach the actual cause of harm (but-for test)?

But-for test

Without the breach, would the harm have occurred?

Step 4: Remoteness (negligence)

Is the harm of the type that could be foreseen from the breach?

Personal injury

Harm to a person’s body.

Property damage

Harm to a person’s property.

Psychological injury

Harm to a person’s mental state.

Pure economic loss

Losses without physical injury; generally not recoverable in negligence.

Punitive damages

Damages intended to punish D for especially egregious conduct.

Aggravated damages

Damages to compensate for humiliation or injury beyond simple loss.

Remedy: damages

Monetary compensation for loss or harm.

Remedy: injunction

Court order requiring D to stop or refrain from certain conduct.

Remedy: specific performance

Court order requiring a party to fulfil contractual duties; used in contract law (not typical in tort).

General damages

Non-quantifiable losses like pain and suffering.

Special damages

Quantifiable losses like medical bills and lost earnings.

Damages for lost income

Compensation for income that would have been earned but for the harm.

Vicarious liability

Employer liable for torts committed by employees in the normal course of employment.

Ordinary course of employment

Activities reasonably undertaken to perform job duties.

Joint tortfeasors

Two or more parties who jointly commit a tort; P can sue all or any subset.

Contributory negligence

P’s own fault reduces D’s liability.

Partial defences to negligence

Defences that reduce liability rather than eliminate it.

Remedies apportionment

Liability is divided among Ds according to fault.

Voluntary assumption of risk

P consents to risk, negating liability (volenti non fit injuria).

Waiver

Agreement where P gives up the right to sue for risk of injury or property loss.

Negligent misstatement

Careless professional statement causing reliance and harm; can lead to pure economic loss.

Product liability

Manufacturer liability for defective products causing harm.

Defective design

Flaw in the product’s design causing harm.

Defective manufacture

Flaws in the production process causing harm.

Defective instructions

Inadequate or misleading use instructions causing harm.

Strict liability

Liability without proof of negligence (in some jurisdictions for certain products).

Occupier's liability

Occupiers must take reasonable care to ensure safety for entrants.

Occupier

A person or entity with control over land or premises.

Express permission

Permission granted directly to enter the property.

Implied permission

Permission assumed by law to enter property (e.g., inviting customers).

Adult trespasser

A trespasser who is an adult; higher risk but still owed some safety duties.

Child trespasser

A trespasser who is a child; occupiers must take reasonable care for children.

Attractive nuisance

Land feature likely to attract children, imposing duty to guard against harm.

Trespass to land

D interferes with P’s possession by entering or placing objects on land.

Nuisance

Interference with P’s use or enjoyment of land (escape of dust, smoke, etc.).

Interference with contractual relations

D induces or facilitates breach of contract between others.

Passing off

Misrepresenting goods/services as those of another to steal goodwill.

False imprisonment

Detaining someone without lawful justification.

Assault (tort)

D causes P to fear imminent harmful contact; no actual contact needed.

Battery (tort)

D intentionally makes unwanted physical contact with P.

False imprisonment remedies

Damages and injunctions to stop detention and compensate harm.

Forcible confinement

Criminal analogue to false imprisonment; detention with or without legal justification.

Rule of privity (contracts)

Only parties to a contract can sue or be sued on contract terms.

Defences to defamation: justification

Truth or substantial truth of the statement relieves liability.

Defences to defamation: qualified privilege

Publication made without malice to those with a legitimate interest; can be overridden by malice.

Defences to defamation: fair comment

Honest comment on matters of public interest; distinguished between facts and opinion.

Defences to defamation: absolute privilege

No liability for statements made in court, parliament, or legislatures.

Defamation: publication

Statement must be disseminated to third parties to be actionable.

Defamation: statement of fact

A factual assertion; not a mere opinion.

Defamation: statement of opinion

A subjective view not asserted as a factual claim.

Defamation: responsible communication on matters of public interest

Journalistic defense requiring due diligence and verification.

Defamation: injurious falsehood

False statements about goods/services harming reputation; requires malice.

Privacy torts (Ontario intrusion upon seclusion)

Unauthorized access to P’s private information causing distress.

Public disclosure of private facts (Alberta privacy tort)

Publicly disclosing private life details without consent causing harm.

BC Privacy Act (statutory tort)

Legislation creating a statutory tort for privacy breaches.

Jones v Tsige

Ontario case establishing intrusion upon seclusion as a tort.

ES v. Shilington (2021 ABQB)

Case introducing private life privacy tort in Alberta.

R v. Chen (2008-2010)

Criminal analogue used in false imprisonment/forcible confinement examples.

Ciba-Geigy v Apotex

Passing off case; damages for lost sales and injunction.

WIC Radio v Simpson

Fair comment/public interest defences in defamation; chilling effect discussed.

Grant v Toronto Star

Responsible communication on matters of public interest; due diligence.

Swagar v. Loblaws (2014 ABQB)

Premises liability; slip and fall with failure to keep floors safe.

Botosh v Ottawa (City)

Public property construction site liability; negligence for dangerous sites.

MacIntyre v Grigg

Bar negligence case involving serving alcohol to intoxicated driver.

MacIntyre v Grigg (ONCA)

Ontario Court of Appeal decision on duty, standard of care, and remoteness.

Fullowka standard of care (repeat)

Case illustrating duty to act reasonably, not perfectly.

Donoghue neighbour principle (summary)

Creators owe duty to foreseeable neighbors who could be harmed.

Duty of care to employees

Businesses owe reasonable care to employees' safety.

Duty to prevent intoxication driving risk

Bars must avoid serving to intoxication to reduce negligent driving risk.

Last time: Donoghue v Stevenson reminder

Key landmark recognized in negligence for duty of care.

Relief for nuisance: injunction

Court order commanding cessation of nuisance.

Relief for nuisance: damages

Compensation for interference with use of land.

Interference with contract vs tort

Distinction between inducing breach and actual breach.