Definitions
A tort where the conduct that caused the injury or damage was inadvertent.
What is an unintentional tort?
This type of product liability involves a finished product deviating from the intended design and causing harm to the plaintiff.
What is negligent manufacturing?
This famous case developed the reasonable foreseeability test.
What is Donoghue v. Stevenson?
This test is used to determine whether there is a duty of care owed to the plaintiff in a negligence action.
What is the foreseeable plaintiff test?
When an employer is required to pay damages for injuries caused by an employee while carrying out their employment duties.
What is vicarious liability?
This term is used to describe failure to prevent an injury.
What is nonfeasance?
Liability in the absence of fault.
What is strict liability?
In this case, the court refined the reasonable foreseeability test and now the court will look at whether there is reasonable foreseeability, proximity, and any policy reasons not to impose a duty of care.
What is Anns v. Merton London Borough Council?
This test is used to determine whether there has been a breach of the standard of care in a negligence action.
What is the reasonable person test?
Damages that are known and described at the time of trial.
What are special damages?
A principle of torts that we take our victims as we find them, even those with unique physical or mental conditions.
What is the thin skull rule?
When a claim is filed outside of this, the claim is statute-barred.
What is the limitation period?
In this case, the court demonstrated that what is reasonable under the reasonable person test will depend on how great the risk is.
What is Blyth v. Birmingham Water Works Co?
This test is used to determine whether there has been physical causation in a negligence action.
What is the "but for" test?
What are general damages?
A duty to act in the best interests of another is also known as:
What is a fiduciary duty?
A customer slips and falls on a wet floor in a store but suffers no injury. Is there an action in negligence?
What is no?
This legislation in Ontario is requires occupiers of premises owe a duty to take reasonable care to ensure that people will be reasonably safe in using the premises.
What is the Occupiers Liability Act?
This test is used to determine whether there has been legal causation in a negligence action.
A fake lawyer provides legal services to a client and strongly encourages them to accept a plea deal that is severely against their interests. The court may award this type of damages to take into account severe harm that results from the outrageous conduct of the defendant.
What is aggravated damages?
Volenti non fit injuria is also known as:
What is voluntary assumption of risk?
Professionals are held to this standard.
What is the care of a reasonably careful and competent practitioner practicing in similar circumstances?
This landmark English case held that those who use land in an unusual way which is inherently dangerous is liable for damages when it escapes.
What is Rylands v. Fletcher?
This test is used to determine the existence of a duty of care in negligent misstatement cases.
What is the reasonable reliance test?
Courts apportion losses between the parties when this defence is successful.
What is contributory negligence?