tort

Flashcard 1

Q: What is a tort?

A: A tort is a civil wrong that allows an injured party to seek compensation for harm to person, property, or economic rights.

Flashcard 2

Q: What is the main goal of tort law?

A: To provide financial compensation (damages) to the injured party for their losses.

Flashcard 3

Q: How does tort law differ from criminal law?

A: Tort law compensates victims via civil courts; criminal law punishes offenders via the state in criminal courts.

Flashcard 4

Q: What is the standard of proof in tort law vs. criminal law?

A: Tort: Balance of probabilities (51%); Criminal: Beyond a reasonable doubt.

Flashcard 5

Q: Name 5 types of torts.

A: Defamation, Trespass to Land, Battery, Nuisance, Negligence.

Flashcard 6

Q: What is defamation?

A: A false statement that injures a person’s reputation in the eyes of society.

Flashcard 7

Q: Name a key defence to defamation.

A: Truth (Justification) — if the statement is true, it’s a complete defence.

Flashcard 8

Q: What is battery in tort law?

A: Intentional and unlawful physical contact without consent.

Flashcard 9

Q: What is assault in tort law?

A: Causing someone to reasonably fear imminent unlawful force.

Flashcard 10

Q: What is false imprisonment?

A: Unlawfully restricting someone’s freedom of movement in all directions.

Flashcard 11

Q: What is nuisance?

A: Unreasonable interference with someone’s use or enjoyment of their land.

Flashcard 12

Q: What’s the difference between public and private nuisance?

A: Public affects the general public; private affects a specific individual’s enjoyment of land.

Flashcard 13

Q: Define negligence.

A: Failing to exercise reasonable care, causing foreseeable harm to another.

Flashcard 14

Q: What are the 4 elements of negligence?

A: Duty of Care, Breach of Duty, Causation, Damage.

Flashcard 15

Q: What is the “Neighbour Principle”?

A: You owe a duty to those who are closely and directly affected by your actions (Donoghue v. Stevenson).

Flashcard 16

Q: What is vicarious liability?

A: Holding one person liable for another’s actions due to a special relationship (e.g., employer-employee).

Flashcard 17

Q: Example of vicarious liability?

A: An employer being liable for a bouncer injuring a patron while performing their job duties.

Flashcard 18

Q: Name 3 defences to negligence.

A: Contributory negligence, waiver, illegality.

Flashcard 19

Q: What are the two types of damages?

A: Special (quantifiable) and General (subjective, e.g., pain and suffering).

Flashcard 20

Q: What remedies are available in tort law?

A: Damages and injunctions.