Introduction to Tort Law

This set of flashcards covers key concepts about Tort Law, specifically focusing on trespass to the person, defamation, and the legal principles and cases related to these topics.

What is tort defined as in the context of law?

A civil wrong involving a breach of duty fixed by the law.

What are the three torts that constitute trespass to the person?

Assault, Battery, and False Imprisonment.

What is the usual remedy for a tort?

Monetary damages.

In Cornilliac v. St. Louis (1965), what were the five factors for assessing general damages?

1) Nature and extent of injuries; 2) Nature and gravity of resulting physical disability; 3) Pain and suffering endured; 4) Loss of amenities; 5) Effect on pecuniary prospects.

What are the requirements for a statement to be considered defamatory?

The words must be defamatory on their face or must carry a defamatory meaning through innuendo.

What is slander?

A defamatory statement made in a transient form, usually spoken words.

What case established the principle that allegations of certain contagious diseases are actionable per se?

Murray v. Williams (1936) 6 JLR 180.

What distinguishes true innuendo from false innuendo in defamation cases?

True innuendo requires extrinsic circumstances for the words to be defamatory, while false innuendo is taken from the ordinary meaning of the words themselves.

What is the principle established in the case of Sunanansingh v. Ramkerising (1897)?

Defamation involves a false statement that tends to injure the reputation of another person.

What is the defense of justification or truth in defamation cases?

It applies when the defendant proves that the defamatory statement made about the plaintiff is true.

What limitations apply to the category of actionable per se slander pertaining to diseases according to the law?

Generally limited to venereal diseases and other conditions that cause significant social ostracism.