Tort Law
The person committing a tort.
Tortfeasor
Intention or threat of unwanted physical contact that causes harm.
Assault
A false statement that must harm a person’s or business’s reputation.
Defamation
A fictional, objective standard used by courts to decide how an ordinary, careful, and prudent person would act in the same situation.
Reasonable Person
When the plaintiff’s own conduct contributed to or caused the damage.
Contributory Negligence
Deliberate harm is known as a _____ tort.
Intentional
Physical intentional and unconsented contact that causes harm; is an unlawful offence and a tort. Example: A security guard intentionally harms a customer.
Battery
Written defamation. A magazine publishes false information about a a famous businessperson.
Libel
A failure to exercise the degree of care toward another individual expected of a reasonable person in the circumstances.
Negligence
The plaintiff is aware of the risk associated with the activity and has consented to assume that risk.
Voluntary Assumption of Risk
Not meaning to cause deliberate harm is known as a ______ tort.
Unintentional
Intentionally confining an unwilling person within a specified area.
Oral defamation. Example: Telling coworkers in the breakroom that a manager is stealing from the company, knowing it is not true.
Slander
Not to cause injury; is owed by one individual or business to another. Required to exercise care toward those that we can reasonably foresee might be harmed by our actions.
Duty of Care
The plaintiff must provide evidence that their version of events is more likely than the arguments of the defendant.
Burden of Proof
An employer is responsible for injuries caused by an employee while acting in the course of their employment.
Vicarious Liability
Falsely representing to the public another company’s product or service as your own.
Passing Off
Truth. Absolutely privilege. Qualified privilege. Fair comment. For the public good. All examples of what?
Defenses from Defamation
There must be a connection between the plaintiff’s physical, emotional, or financial damage and the action taken by the defendant.
Causation
Of the three kinds of damages, this area addresses conduct by the defendant that is malicious, oppressive, or grossly negligent and punishes the defendant.
Punitive/Exemplary Damages
The compensation, financial or other, when a person/party is successful in a lawsuit. Also called damages.
Remedy
The interference in the right to enjoy real property. Could be from noise, odors, vibrations, etc.
Nuisance
When a reputation is lost because of false statements about a product or service.
Injurious Falsehood
Plaintiff may not be successful if no reasonable connection between the actions or inactions of the defendant, and harm caused to the plaintiff.
Remoteness of Damages
(Ch2) In a civil matter, the standard of proof requiring that something be proven to have more likely occurred than not occurred.
Balance of Probabilities