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100
Two (2) types of liability.
What are strict or conditional?
100
Two (2) types of negligence.
What are intentional or unintentional?
100
How many Defences to Intentional Torts are there?
What is 7?
100
If a plaintiff is partly or solely the cause of his or her own injury.
What is Contributory Negligence?
100
One party specifically agrees not to hold the other party liable in the event of injury.
What is a waiver?
200
What would a careful, thoughtful person in the same circumstances have done?
What is the Reasonable Person Test?
200
The threat of serious unwanted touching and the act of serious unwanted touching
What is assault and battery?
200
“The thing speaks for itself” in Latin.
What is Res Ipsa Loquitur?
200
Defaming a business, a product or a property rather than a person.
What is Injurious Falsehood?
200
The plaintiff’s negligence causes him/her self-danger; the defendant has the last clear chance of averting injury. If the defendant fails to exercise care he/she is negligent.
What is the “Last Clear Chance” exception?
300
A person without authority wrongfully takes, retains or disposes of the personal property of another.
What is conversion?
300
Urging someone to breach a binding contract.
What is Intentional Interference with a Contract?
300
Defendant is automatically liable – not following government codes and regulations.
What is strict liability?
300
One party is warned that the other party is not accepting liability.
What is a disclaimer?
300
A subjective opinion on matters or persons of public interest.
What is fair comment?
400
List the 4 elements of negligence.
What are: 1) a duty of care owed by the defendant, 2) a breach of the duty of care, 3) an injury to the plaintiff, and 4) proximate cause between the breach and the plaintiff’s injury?
400
A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
What is the Thin Skull Rule?
400
Four types of injuries a person can suffer due to negligence.
What are to: body, mind, property, and pocketbook (financial losses)?
400
A situation where a person has a legal, moral, or social duty to say something about someone else.
What is Qualified Privilege?
400
An unlawful interference with the use and enjoyment of land.
What is private private nuisance?
500
The 6 primary purposes of tort law.
What are: regulation, deterrence, compensation, dispute resolution, education and prevention.
500
List the four (4) elements of Res Ipsa Loquitur.
What are: 1) injury caused by misadventure not normally occurring without negligence, 2) the thing causing the injury was within the defendant’s control, 3) the plaintiff did nothing to provoke the accident, and 4)the plaintiff had no prior knowledge of the danger?
500
Five (5) defenses against defamation.
What are: truth of the statement, consent of the plaintiff, absolute privilege, qualified privilege, and fair comment?
500
Protects persons from tort claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings.
What is absolute privilege?
500
4 implied warranties under the Sale of Goods Legislation.
What are: 1) The vendor owns the goods and has the right to sell them. 2) The goods reasonably correspond to the description. 3) The goods are of merchantable quality. 4) The goods are reasonably fit for their intended purpose.