Term
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Definition
| Concerning the settlement of disputes between individuals or other legal entities in matters not involving a criminal act. |
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Term
a) What is the goal in a civil action?
b) Identify the two main areas of law comprising civil law. |
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Definition
a) To seek compensation for the amount of financial loss or damage suffered by the insured party.
b)
1. Contract Law
2. Tort Law |
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Term
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Definition
| A wrongful act which has caused damage or injury to another. This wrongful act may be an intentional act, a negligent act, or a failure to act. |
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Term
| Provide three examples of torts. |
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Definition
-Trespass
-Nuisance
-Defamation
-False arrest
-Invasion of privacy
-Negligence. |
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Term
| Identify three elements required to be present in every tort action. |
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Definition
i) Duty Owed
ii) Duty Breached
iii) Damages Suffered as Proximate Result of Defendant's Actions. |
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Term
| Identify two types of torts for which a person might be held responsible. |
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Definition
i) Intentional Tort
ii) Unintentional Tort |
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Term
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Definition
| "Omission to do something a reasonable person would do, or doing something which a reasonable and prudent person would not do." |
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Term
| Negligence must be proven. In addition to those elments required to be present in every tort action, two additional elements must also be present to prove the tort of negligence. Explain. |
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Definition
It must be shown that the legal duty owed to the plaintiff was breach as a result of the defendant's neglect.
It must also be shown that the results were foreseeable. |
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Term
Define:
i) Trespasser
ii) Visitor |
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Definition
i) Person on the rpemises without the expressed or implied permission of the occupier.
ii) Anyone entering the premises other than a trespasser. |
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Term
State the legal duty owed by occupiers to the following persons entering the premises:
i) A trespasser.
ii) A visitor
iii) Children |
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Definition
i) Not to set traps, or intentionally cause harm to the trespasser.
ii) To take reasonable care to ensure that all visitors are reasonably safe in using the premises.
iii) To ensure that the premiums are safe from any danger whatsoever. |
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Term
| Briefly state the legal precedent for the liability of a landlord in building having multiple tenancy. |
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Definition
| Landlord is responsible for the condition of the areas common to all tenants, including roof, stairways, parking areas, and lobbies. |
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Term
| Briefly state the legal precedent for the liability of a tenant to landlord. |
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Definition
Tort Law: Tenant is liable for damages arising out of their negligence.
Contract Law: Extent of tenant's liability for loss will usually be stated in a contract with the building owner. |
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Term
| Briefly state the legal precedent for the liability of an bailee for customer's goods. |
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Definition
Tort Law: Must exercise the same care over a customer's property as would others in the same business (ordinary care).
Contract Law: In addition to ordinary care, bailees may assume other responsibilities for the property entrusted to them under a separate contract. |
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Term
Briefly state the legal precedent for the liability of an employer:
a)for torts of their employees.
b) For injuries to their employees. |
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Definition
a) Employers are responsible for the torts of their employees.
Exceptions:
-Employees delegate any part of their authority or work to a non-employee without the employer's consent.
-Employees are on a frolic of their own.
-Employees use the employer's property without authorization for their own purposes.
b) Employers are liable for on-the-job injuries sustained by their employees. |
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Term
| Briefly state the legal precedent for the liability of property owners for torts of an independent contractor. |
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Definition
Property owners are not liable for the negligence of a independent contractor if it can be shown that:
-Reasonable care was taken in the selection of the contractor.
-It was reasonable that the work the contractor was engage to do should have been undertaken.
Exceptions:
-Work being contracted is inherently dangerous.
-Injury/damage results from the contractor's use of defective fixtures, machiunery or equipment supplied by the occupier.
-The occupier controls the manner in which the work is to be completed. |
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Term
Briefly state the legal precedent for the liability of owners for injury or damage caused by:
a) Domestic animals
b) Wild animals |
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Definition
a) Owner is deemed legally liable from the first bite.
b) The owner of any animal whose natural ferocity or wildness is a matter of common knowledge shall be held strictly liable for injury or damage inflicted by it. |
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Term
| Briefly state the legal precedent for the liability of children. |
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Definition
| Children are responsible for the injury or damage they cause unless it can be proven they were incapable of understanding the consequences of their actions. |
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Term
| State the legal position regarding the payment of damages when two or more people are held responsible for a tort. |
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Definition
Joint tortfeasors generally agree to pay an equal share of the damages, and then take necessary steps to resolve how the damages awarded should be shared.
If they cannot agree to this, each tortfeasor shall be held liable for the entire amount of the award. |
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