TOLES Foundation 5A (Definitions)

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

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