Verifed Ace the Test
tort - ANSWER ✔✔a wrongful act causing harm to property or person
from another which is recognized in law. Result is to provide
compensation. Standard of proof required: generally a balance of
probabilities if someone is actually committed.
evolution of torts - ANSWER ✔✔strict liability -> fault
strict liability - ANSWER ✔✔liability imposed based on causation
(whoever caused harm) regardless of if they actually did it or not
, ex/ horse 1 hits horse 2 which hits horse 3 and horse 3 has damage.
horse 2 is liable.
Fault - ANSWER ✔✔unjustifiable harmful conduct that intentionally or
carelessly disregards the interest of others
Torts that are still strict liability - ANSWER ✔✔nuisance
public nuisance - ANSWER ✔✔interference with the lawful use of
public lands; often quasi-criminal in nature (ex/ DUI, public intoxication,
etc)
private nuisance - ANSWER ✔✔interference with an occupier's
(owner and tenants) use and enjoyment of their land
dog owner's liability act (ON) - ANSWER ✔✔the owner of a dog is
liable for any damage their dog does to person or another animal. if
more than one owner they are both liable. the liability of the owner does
not depend on if the person knew the dog was harmful.
intentional torts - ANSWER ✔✔intend to do the elements of the tort,
must cause harm.
intentional tort examples - ANSWER ✔✔- assault and battery
- trespass