Test Bank for Contemporary Canadian Business Law, 13th Edition by John A Willes

Test Bank for Contemporary Canadian Business Law, 13th Edition by John A Willes Cross-claim Pleadings a claim against a co-defendant Written Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case. Interrogatories A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath. Mediation A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. tort an action committed by an individual or business that causes harm - intentionally or unintentionally Tortfeasor one who commits a tort intentional tort unintentional tort Vicarious Liability A wrongful act knowingly committed. not deliberate harm Legal responsibility placed on one person for the acts of another. Battery The physical intentional, and unconsented contact that causes harm Assult Unlawful threat or attempt to do bodily injury to another false imprisonment the intentional confinement or restraint of another person's movement without justification passing off Presenting another's goods or services as one's own. Inducing Breach of Contract intentionally causing one party to breach his contract with another Interference with economic relations interference with interests of a third party Examples of intentional torts intimidation, deceit, conspiracy Trespass to Land The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization. Trespass to Chattels intentional damaging or deprivation of another's personal property nuisance a person, thing, or circumstance causing inconvenience or annoyance Defamation the action of damaging the good reputation of someone; slander or libel. Slander spoken defamation Libel written defamation injurious falsehood publication of untrue statements that disparage the business owner's product or its quality invasion of privacy consent revealing personal information about an individual without his or her Intrusion upon seclusion without lawful justification Negligence Intentional, offensive invasion of another's personal affairs The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Determining Negligence Duty of care, Standard of care, causation, damages Duty of Care The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence. standard of care the degree of care that a reasonably prudent person should exercise under the same or similar circumstances Contributory Negligence A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. Remoteness of damage The absence of a sufficiently close relationship between the defendant's action and the plaintiff's injury. Voluntary assumption of risk the acceptance of factors that may lead to harm or injury