DEFAMATION - COMMON LAW AND PRIVATE PERSON & PRIVATE CONCERN, FALSE AND DEFAMATORY COMMUNICATION CONCERNING ANOTHER. As custodian in charge of a dangerous person it assumed duty to ALL THOSE who are directly and FORESEEABLY EXPOSED to a risk. Thompson v. County of Alameda (1980) - Prisoner made threats of killing, no liability because no specific person identified. 30 minutes. Torts Final Exam. Special Damages. It is a result oriented tort. Out-of-pocket expenses such as the cost of an ambulance and medications are referred to as, When the act __________ committed the person doing the act has no intention to cause harm but knows that he may cause harm, A defence that may be raised to an intentional tort is that the victim _________ to the act either expressly or impliedly, The ________ principle was set out in the landmark case of Donaghue v. Stevenson which defines to whom a person owes a duty of care, An incorrect statement made carelessly that leads to someone suffering a loss or injury is called _________ ____________, _________ _________ for injury that occurs on a certain property's is determined on whether the visitor to the property is a trespasser, licensee, invitee or contractual entrant, The tort of _________ _________ occurs when a person utters a statement about anothers goods or services bringing them into disrepute, In some negligence actions, the Defendant may use the defence of _________ __________ __ ____ by arguing that no liability exists because the Plaintiff agreed to accept the risk inherent in the activity that led to the loss, Damages that are awarded to punish a Defendant for malicious, oppressive or high-handed conduct, __________ __ ______ refers to the absence of a sufficiently close causation between the Defendant's conduct and the the Plaintiff's loss, _______ liability for a tort arises due to a person's own wrongdoing, _________ liability arises due to the relationship that someone has to the person who actually commits the tort, Most provinces have these laws which provide monetary compensation to employees for work-related injuries, In ant tort action, the objective is to enforce the victim's private right to exact ____________ from a party who has caused a loss, Any person who comes onto anothers property to provide that other person with a benefit has the status in law of an _______ and therefore must be warned of any unusual dangers of the property, One of the reasons that punitive damages are lower in Canada than in U.S.A is that mode of trial is less common in Canada, A __________ is someone who goes onto another persons property without permission or invitation, In the tort of ________ ___ occurs when one person represents his goods or services as being those of another, Someone who has contracted for and paid for the right to enter a premises like purchasing tickets to a hockey game, Plaintiff's may be compensated for this which may include the cost of making a house wheelchair accessible, The responsibility to avoid carelessness that causes harm to others who might reasonably be reasonably affected is known as the ____ __ ____, When self-defence is argued, it must be shown that the _______ __ _____ used by the Defendant was only what was needed to prevent the attack, Harmful acts that are committed on purpose are known as, in order for the tort of ________ to exist, intrusions onto anothers property must be significant and not reasonable, Is conduct on the part of a victim that causes the Defendant to lose his power and self-control, This type of tort is committed is the person doing the act wishes to produce the outcome that flows from the act, The ____ _____ ____ is the principle that a Defendant is liable for the full extent of a Plaintiff's loss, even where a pre-existing condition makes the harm more serious than it otherwise might be, When a consumer purchases a lawnmower with design defects where the cutting blase flies off, may be negligent of, Any presence of a person on an occupier's property is not a benefit to the occupier but to which the occupier has no objection is a _________, If Jerry gives Tom his car to do repairs and return it the same day, but instead Tom takes the car to BC for the week, Tom has committed ________ __ ________, An employer may be responsible for a tort committed by an employee if the tort was committed within the course of their __________, A Latin term used in law to mean at first sight or on first appearances, If a lawyer or accountant gives their client incompetent advice that causes the client to suffer a loss, the lawyer or accountant has committed the tort of ____________ __________, This tort involves the intentional infliction of harmful or physical contact, A security guard who detains a shopper because he unreasonably assumes that the shopper has stolen something from the store may be committing _____ _____________, A Defendant can lessen the amount of damages that he might otherwise have to pay for committing a tort if he can show that there were __________ circumstances at the time the tort took place, Two or more persons whom a court has held to be jointly responsible for a Plaintiff's loss or injury, A complete defence to the tort of Defamation is to prove that the statement that was made is, When consent is raised as a defence in a tort action, the consent is invalid if it is obtained by _____ __ ______, The defence of ____________ negligence claims that the Plaintiff himself is at least partially responsible for the harm done, In the tort of __________ the Plaintiff does not have to show that the Defendant did any deliberate acts that give rise to the injury he just has to show that the Defendant did not take care, A Plaintiff may be compensated for ____ __ ______ ______ where his earning capacity has been diminished by an injury, The tort of __________ is defined as a careless act that causes harm to another, Damages for loss of enjoyment of life and loss of life expectancy, Tort law is traditionally reluctant to grant recovery of ____ ________ ____ or financial loss which results from a negligent act where there has been no accompanying property to the damage, Is defined as the care that a reasonable person would have shown in comparable circumstances, When a Defendant incites someone to break his contractual relations, the Defendant is committing the tort of ____________ ____ __________ _________, The tort of _______ occurs when there is a threat of imminent physical harm, without there being any physical contact, Damages that are awarded as compensation for intangible injuries like distress caused by the Defendant's reprehensible conduct, This word is normally used in law offices to refer to "amounts" of damages, If Joe tried to punch Frank, but Frank ducks so that the punch does not connect, Joe has committed the tort of _______, When determining damages, monetary loss is also referred to as this, In law, an _________ is anyone who has legal right to occupy premises or who has some degree of control over land or building, The tort of _______ ___ might occur inadvertently when a business name is used that is so similar to an already existing business name that the public is misled into thinking that the businesses are related, The tort of _____ __ _____ when one person intentionally makes a false representation to another, A court order that repairs or prohibits certain conduct is called an, The ______ _________ principle is that liability will be imposed on a Defendant who takes certain actions even though negligence is not proved, Is a defence to the tort of Defamation which can be used when the Defamatory statement is shown to be relevant without malice, The maxim ___ ____ ________ means that "the thing speaks for itself", The public utterance of a false statement of fact or opinion that harms someone's reputation is the tort of __________, The standard used in law to judge whether a Defendant's conduct is negligent is that of a __________ person, Occurs when an activity on an occupier's property unreasonably interfered with a neighbor's right to enjoy his property, Where a homeowner physically ejects a trespasser and the trespasser sues the homeowner for assault/battery, the homeowner may rely on _______ __ ________, Some acts can give rise to both tort actions and criminal prosecution.

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