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bus law
1.03 Civil law
Term | Definition |
---|---|
Actual Harm | victim suffers an injury, has property destroyed or loses a lot of money |
Alternative Dispute Resolution | occurs when parties try and resolve a disagreement outside of the usual court system |
Arbitration | giving the power to settle their dispute to a third party |
Advantages | results in a fair solution because the decision is in the hands of an objective third party |
Assult | when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact |
Assumption of Risk | a defense raised when the plaintiff knew of the risk involved and still took the chance( ASSUMED RISK) of being injured |
Battery | the harmful or offensive touching of another |
Breach | when you break, your duty to another person |
Causation | that breach of duty caused injury |
Comparative Negligence | a defence that is raised when the carelessness of each party compared to the other party's carelessness |
Contributory Neligence | a defense whenever the defendant can show that the victim did something that helped cause his or her own injuries |
Conversion | when property is stolen, destroyed, or used in a manner that is inconsistent with an owners right |
Court Injunctions | is a court order that prevents a party from performing a specific act and may be temporary of permanent |
Damages | is a payment recovered in court by a person who has suffered an injury |
Defamation | a false statement that injures a person reputation or good name |
Duty | obligation to use a reasonable standard of care to prevent injury |
False imprisonment | the intentional confinement of a person against the person's will and without the lawful ability to do so |
Fraud | when there is an intentional misrepresentation of an existing important fact(that is a lie) which causes the victim to give up a right or something or value |
Interference with Contracts | if a 3rd party encourages a breach in any way, then that 3rd party may be liable in tort |
Invasion of Privacy | uninvited intrusion into a persons personal relationships and activities |
Mediation | occurs when parties to a dispute invite a mediator, to help solve the problem |
Money Damages | damages that are awarded to an injured party and the liable party has to pay |
Negligence | a tort that is results when one person carelessly injures another, an accidental tort and requires no intent |
Proximate Causes | when it is reasonably foreseeable that a breach of duty will result in injury |
Punitive Damages | damages exceeding simple compensation and awarded to punish the defendant |
Tort | a private wrong committed by one person against another |
Trespass to land | entry onto the property of another without consent |
Vicarious Liability | when one person is liable for the torts of another |