TOLES Foundation 5A (Definitions)

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questão resposta
actionable per se
começar a aprender
It means that the claimant does not need to provide proof of damage.
acts
começar a aprender
Things that I actively do
court transcripts
começar a aprender
These are the documents that record what happened in court.
defamation
começar a aprender
It means saying or writing something negative about someone
deterrent
começar a aprender
It is something that persuades a person not to behave in a certain manner.
false imprisonment
começar a aprender
To keep someone in a certain place without that person’s permission
heads of tort
começar a aprender
Lawyers refer to categories of tort as ‘heads of tort’.
negligence
começar a aprender
It is when you cause harm to another person if you were not careful enough.
negligent conduct
começar a aprender
It is behaviour that may lead to harm.
nuisance
começar a aprender
It means to interfere with someone’s enjoyment of his or her land.
objective
começar a aprender
It means not influenced by your own feelings when you have to decide something.
omissions
começar a aprender
These are the things that I do not do, although I have a duty to do them.
proof of damage
começar a aprender
It means that the defendant must prove in court that the defendant’s conduct caused him harm.
reasonably foreseeable
começar a aprender
It means that the results of my conduct are predictable. Something that I anticipate might happen as a result of my conduct.
remedy
começar a aprender
It is something that compensates me for my loss or that stops the harm from happening.
remote damage
começar a aprender
It means that that harm was not reasonably foreseeable. Usually the claimant is not entitled to redress for remote damage.
subjective
começar a aprender
It means influenced by your own, personal feelings and opinions. Not objective.
the tort of assault
começar a aprender
To make someone afraid that I will physically hurt them
the tort of battery
começar a aprender
To actually hurt someone in a physical way
the tort of libel
começar a aprender
It means publishing the defamatory statement in a permanent form, for example in a book or in a video
to redress
começar a aprender
It means to correct something that is unfair, usually by putting the claimant back in the position that he or she was in before the negligent conduct happened.
to trespass
começar a aprender
To interfere with something or someone, or to do something that causes harm.
tort
começar a aprender
Conduct that causes harm to another person is referred to as a tort.
trespass to land
começar a aprender
It means to go onto someone’s land without this person’s permission.

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