Negligence
What modern legal concept was established in Donoghue v. Stevenson?
Duty of Care
What is a common negligence defence related to consent?
Voluntary Assumption of Risk
What are the two categories of intentional torts?
(1) Intentional interference with the person; and (2) Intentional interference with property
What is one defence to defamation? Explain it.
Truth: If you can prove something is true, it can't be defamation.
Absolute Privilege: Protects individuals when statements are made during parliamentary proceedings, court proceedings, or other official functions
etc...
What are the three elements of a contract?
(1) Offer; (2) Acceptance; and (3) Consideration
What are the three factors in a negligent action? Explain them with example.
(1) duty of care; (2) standard of care; (3) causation
What is the "Act of God" Defence?
A defence that claims an accident was caused by an extraordinary, unexpected natural event (e.g. Earthquake).
What is "assault" (in a civil case)?
In tort law, assault occurs when a defendant threatens imminent harm, the plaintiff believes the threat is genuine, and the defendant appears capable of carrying it out.
If a doctor doesn't receive medical consent, they may be charged with what?
Medical battery
What is an implied contract? Give an example.
The conduct of the parties indicates their intention to enter into a valid contract (e.g. get on a bus, scan your card and take your seat)
What is the neighbour principle? Who is considered your neighbour?
The legal responsibility to owe a duty of care and not harm one’s neighbour by being careless or negligent. According to Donoghue v. Stevenson, anyone who you can reasonably foresee being injured by your actions is your neighbour.
What are damages? What is the difference between compensatory and punitive?
Damages are the monetary compensation awarded to a person who has suffered harm due to someone else’s negligence or wrongful act.
Compensatory: compensates victim for losses they experienced; Punitive: imposed to punish the defendant for reprehensible conduct.
What do you call written defamation? Spoken?
Libel; Slander
What must be proven before self-defence can be used as a defence?
Reasonable force was used in the present of imminent harm.
Who might lack the "capacity to contract?" Give two examples.
Minor; an individual with a intellectual/psychological disability; an intoxicated individual
What is the "but for" test? Give me an example of a but for statement.
The “but for” test is used in negligence law to determine causation. It asks whether the harm would have occurred but for the defendant’s actions. If the answer is no, then the defendant’s actions are considered a cause of the harm.
Example: “But for the driver running the red light, the pedestrian would not have been injured.”
What is contributory negligence? How is it different than comparative?
Contributory negligence is argued when negligent acts by the plaintiff that helped cause the plaintiff’s injuries. Bars plaintiff from recovering damages.
Comparative negligence is an evolved, modern version... less extreme Plaintiff can recover damages based on the extent of their negligence/fault in causing the harm or loss.
What is trespassing and how is it different than a nuisance?
Trespassing occurs when a person intentionally enters onto land that belongs to someone else without lawful permission.
Nuisance charges are laid when a person uses their property in a way that unreasonably interferes with another person’s use or enjoyment of their land. It does not require physical entry.
What is the defence store owners can use when detaining suspected shoplifters? (Established in Canada via Mann v. Canadian Tire)
"Shopkeeper's Privilege"
What is an "intervening act?" Provide an example.
An unforeseeable event that disrupts the chain of events leading up to the injury, and becomes the legal cause of the injury.
Example: A store owner leaves a wet floor without a warning sign. Before anyone slips, a customer intentionally pushes another person, causing them to fall. Assault is an intervening act that breaks the chain of causation.
Which case established the test for determining whether a duty of care exists?
Caparo Industries v Dickman
Occurs when a person intentionally restricts another individual’s freedom of movement without lawful justification. It DOES NOT need to involve physical force.
What did the plaintiff and defendant argue in Sturges v. Bridgman?
Nuisance; Prescription.
What did the plaintiff and defendant argue in Carlill v Carbolic Smoke Ball Company (1893)? What was the ruling? Explain.
Plaintiff argued she was owed compensation (entered into contractual relationship after accepting offer on advertisement); Defendant argued the advertisement was not meant to be taken seriously (a reasonable person would have known that). Court sided with plaintiff (mainly because of money deposited in the bank)