Corporate Law Review

BUSINESS LAW REVIEW

TORTS

common law: legal system developed in England based on judges applying the customs and traditions of the people and then following each other’s decisions.

civil law: legal system used in most o Europe based on a central code, which is a list of rules stated ad broad principles of law that judges apply to the cases that come before them.

precedent: an earlier court decision; in a common law system, judges are required to follow a decision made in a higher court in the same jurisdiction. stare decisis: “following precedent”

arbitration: submission of parties in a dispute to having an arbitrator (a panel or other third party) make a binding decision on their claims.

mediation: a discussion, between the parties to a dispute, that is facilitated by a mediator (a neutral third party who facilitates discussion between parties; also known as a conciliator) in an effort to encourage and assist them in coming to an agreement.

law of equity: a system of law collateral to the common law, developed by the Court of Chancery

Intentional Torts

assault and battery: involve deliberate interference with one’s person - defences are consent or self defence.

trespass: temporary or permanent intrusion on someone else’s property, without lawful right or consent

trespass to chattels, conversion, detinue: involve deliberate interference with another’s goods

false imprisonment: restraint of a person by someone without authority

malicious prosecution: pursuing criminal charges in the absence of evidence

private nuisance: unusual use of property causing foreseeable disturbance to neighbour

defamation: a false, published statement that discredits a person

libel: written defamation; slander is spoken

defences: truth, absolute privilege, fair comment, and public interest responsible journalism

injurious falsehood (product defamation or trade slander): false published statements that damage the goodwill associated...