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Unit 5B

Unit 5B - The Language of the Law of Tort (TOLES)

TermDefinition
to provide a remedy
to be entitled to damages
to award damages
to incur expenses
loss of earnings
to act as a deterrent
to be liable for something // You are liable for the results of your breach of duty of care.
to depend on something // The amount of damages awarded will depend on the amount of earnings you have lost.
under certain circumstances // Under the circumstances your client is at fault.
to be entitled to something // My client is entitles to redress.
to have a duty to another person // You have an automatic duty to every other citizen not to cause them harm because of your conduct.
to cause harm to someone // You client’s negligent conduct was the cause of the harm to my client.
tortious liability meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be “liable” or responsible for a person's injuries will likely be required to pay damages
vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party.
strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible.
to impose a duty of care upon someone
to commit a tort
to assume an obligation voluntarily
remote damage from an injury not occurring directly from and as a natural result of the wrong complained of
to be held liable for something
to owe someone a duty to ensure that they do not suffer any unreasonable harm or loss
to arise from the common law or statute // Many of the principles of the law of tort arise from the common law.
a duty imposed upon someone // Statute imposes a duty upon you concerning your liability for any products that you sell to the public.
the tort of trespass to land // Going onto someone’s land without their permission is known as trespass to land.
to have proof of something // Some torts are actionable without proof of damage.
product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer
the law of obligations in a context of the law of tort is what majority of lawyers' opinions in regards to this area or law
injunction a judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain act, e.g. to make restitution to an injured party.
to establish negligence for negligence to be established, the defendant must owe the claimant a duty to take reasonable care not to inflict damage on him or her.
to suffer damage
reasonably foreseeable
to allege negligence
the cause of damage the cause of an event, usually a bad event, is the thing that makes it happen
a chain of causation a linked series of events leading from cause to effect, typically in the assessment of liability for damages.
to act in a way // Your client acted in a particular way that caused harm to my client.
in order to do something // In order to establish negligence we must show that the defendant breached his duty of care to you
foreseeable by someone // The damage was reasonably foreseeable by your client.
to be guilty of something // The defendant was guilty of committing this tort.
Created by: bactra
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