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

TOLES Foundation 5A (Definitions)

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