Midterm 2

Question 1

______ _____ arises when the plaintiff is at least partially responsible for the harm that has occurred
(hint: a defense to negligence)

Answer 1

contributory negligence

Question 2

_____ damages is compensation for out-of-pocket expenses, loss of future income, and cost of future care

Answer 2

Pecuniary

Question 3

_____ damages is compensation for pain & suffering, loss of enjoyment of life and loss of life expectancy

Answer 3

Non-pecuniary

Question 4

____ damages = award to plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct

Answer 4

Punitive

Question 5

_____ damages = compensation for intangible injuries such as distress, and humiliation caused by the defendant’s reprehensible conduct

Answer 5

aggravated

Question 6

_____ is intentional infliction of harmful or offensive physical conduct

Answer 6

battery

Question 7

4 steps in negligence action

Answer 7

1. did defendant owed the plaintiff a duty of care
2. did defendant breached the duty of care
3. did defendant’s careless act caused the plaintiff damage
4. were caused losses to the plaintiff too remote? Can causation be proved?

Question 8

When the plaintiff agreed to accept both the physical and legal risk of the activity in question, this is known as _______

Answer 8

voluntary assumption of risk

Question 9

____ liability = principle that liability will be imposed irrespective of proof of negligence

Answer 9

strict

Question 10

___ is any person with a legal right to occupy premises or has some control over land or buildings on that land

Answer 10

occupier

Question 11

______ ___ = someone who has contracted and paid for the right to enter the premises

Answer 11

contractual entrant

–> going to concert, paid for ticket (contract) to be there

Question 12

_____ is someone whose presence on the property is of benefit to the occupier (e.g. store customer)

Answer 12

invitee

Question 13

______ is threat of imminent physical harm by disturbing someone’s sense of security

Answer 13

assault

Question 14

Tort of ___ _____ = unlawful detention or physical restraint or coercion by psychological means

Answer 14

False Imprisonment

Question 15

Tort of ___ ___ = one person presents another’s goods or services as their own

Answer 15

Passing Off

Question 16

____ is public utterance of a false statement that harms another’s reputation

Answer 16

Defamation

• -> Slander = oral
• -> Libel = written

Question 17

_____ privilege = defamatory statement being relevant, without malice, and communicated only to a party who has relevant interest in receiving it (defense to defamation)

Answer 17

qualified

Question 18

____ privilege = freedom of expression is so vital in such venues that no successful defamation action can be brought (defense to defamation)

Answer 18

absolute

Question 19

____ comment permits another person to offer commentary on “matters of public interest”, despite the commentary being defamatory

Answer 19

fair

Question 20

_____ falsehood = utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services

Answer 20

injurious

Question 21

Legal ingredients of a contract?

Answer 21

offer and acceptance, consideration, capacity to contract, intention

Question 22

______ is withdrawal of an offer at any time

Answer 22

revocation

Question 23

___ is expiration of an offer after a specified or reasonable period

Answer 23

lapse

Question 24

_____ is refusal to accept an offer

Answer 24

rejection

Question 25

______ estoppel: concept that a promise can be legally upheld after a promisee has suffered a loss as a result of relying on that promise (similar to equitable estoppel)

Answer 25

promissory

Question 26

____ ____ clause is a term in the contract in which the parties agree that their contract is complete as written

Answer 26

Entire Contract | --> used to ensure application of the parole evidence rule

Question 27

Condition _____ - condition that WHEN it occurs, brings an existing contract to an end

Answer 27

subsequent

Question 28

Condition ____ - condition that UNTIL is occurs, suspends the parties' contractual obligations to perform their contractual obligations

Answer 28

precedent

Question 29

____ clause: capping the total losses a party can be liable for

Answer 29

limitation for liability

Question 30

____ clause: identifies events causing loss for which there is no liability

Answer 30

exemption

Question 31

_______ clause: specifies how much one party must pay another in the event of a breach

Answer 31

liquidated damages