TOLES Foundation 5A (Definitions)

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

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