Definitions
A civil or social wrong
The main purpose of tort law
What is to compensate the plaintiff for their losses?
This defamation case involved accusations made by a doctor against a pharmacist relating to cheating the healthcare system.
What is Duke v. Puts?
If someone fakes a punch, this tort is committed.
What is assault?
This defence involves a defendant having the plaintiff's express or implied permission
What is consent?
The pre-trial sharing of evidence that happens prior to a civil trial
What is discovery?
The standard of proof in a civil action
What is balance of probabilities?
This foundational English case is often cited for the principle that every man's house is his castle
What is Semayne?
An unauthorized, intentional intrusion upon or direct breach of the boundaries of another's land
What is trespass to land?
This defence to assault and battery involves using necessary force to defence self or eject trespassers
What is self-defence?
The name of the party who starts a civil proceeding
What is the plaintiff?
The two main categories of torts
What are intentional torts and unintentional torts?
This case dealt with whether posting a link is publication
What is Crookes v. Newton?
The intentional appropriation of the goods of another person for the appropriator's own purposes
What is conversion?
The absolute defence to defamation
What is truth?
The person who committed a wrong in the tort law context is known as a
What is tortfeasor?
Liability that is imposed on employers for torts committed by employees during the course of their employment
What is vicarious liability?
This case expanded the defence of fair comment in relation to defamation
What is WIC Radio Ltd. v. Simpson?
Holding people against their will and without lawful authority
What is false imprisonment?
A defence to a defamation excusing incorrect statements on matters of public interest where despite responsible journalism, erroneous statements were made
What is the public interest responsible journalism defence?
A court order that states a defendant must stop wrongful conduct.
What is an injunction?
When a party uses property in such a way that it causes damage to property or interferes with a neighbour’s use or enjoyment of their property
What is private nuisance?
This case created the tort of intrusion upon seclusion
What is Jones v. Tsige?
A tort action based on criminal or quasi criminal prosecution motivated by ill will toward the accused and lacking reasonable evidential grounds for proceeding.
What is malicious prosecution?
Exemption from liability for defamatory statements made pursuant to a duty or special interest, so long as the statement was made honestly and without malice and was circulated only to those having a right to know
What is qualified privilege?