Tort Law
injuries done by one person to another person's body, property, or reputation and claims arising from serious accidents
What is tort law
The most common remedy in tort actions
What are damages
The most common and important area of tort law
What is negligence
What are the 2 best defences in a negligence action?
Claiming that the defendant did not owe the plaintiff any duty of care, the defendant lived up to the expected standard of care
A tort that occurs when the victim has a reason to believe that bodily harm may occur
What is the tort of assault
What is the most common and important purpose of tort law?
Financial payment
Help the plaintiff with future care and compensate for future loss of income
Action is unintentional, the action is unplanned, an injury results
In a negligence case what defence assumes that individuals understand the risks involved in various activities
Voluntary assumption of risk
The unlawful and intentional touching of a person without that person's consent
What is battery
The process of suing
What is litigation
For loss of income and future earnings and the cost of specialized future care
What are pecuniary damages
When a person deliberately causes harm or loss to another by assault and batter or false imprisonment
What is an intentional tort
Places such as bars, restaurants and service clubs where alcohol is served
What is a commercial host
When is a punitive damage awarded for assault and battery
If the assault is vicious or committed without reason
The court that provides an informal and inexpensive way for settling disputes
What is small claims court
Damages that are awarded to punish offenders for their behaviour
The most important element of an intentional tort
What is intent
What is the commercial hosts duty of care?
Confining or restraining a person without their consent in a specific area
What is false imprisonment
What are 3 examples of small claims actions
Breach of contract, unpaid bills, claims for minor accidents, unpaid rent, damage to property, recovery of property, unpaid wages
For a successful plaintiff to collect damages the defendant must at least one of the following...
Money, assets that can be seized and sold, a debt owed to them by someone else
The plaintiff's duty of car in a car
How can a defendant prove using the voluntary assumption of risk, that the plaintiffs knew the risk involved in their actions and chose to assume that risk using the example of a car accident involving a drunk driver
the defendent needs to prove that the passengers knew they were drunk
What is the unintentional form of defamation
What is slander