Glossary – Tort Law and Civil Remedies 1. Absolute Liability Absolute liability is liability without fault - liability for which there is no excuse. In other words, absolute liability is imposed upon certain conduct, regardless of whether such conduct is negligent. 2. Actionable per se An expression indicating that a tort is complete without proof of damage. Generally applicable commonly to the torts of trespass. 3. Act of God An accident or an event which happens without human intervention and due to natural causes such as an storm or an earthquake etc. Human foresight cannot be provided against such events. It relieves one from liability (defence) in tort law. 4. Adduce Legally acceptable way of producing evidence. In other words, it is the way of presenting evidence to court or any other forum. E.g. the Plaintiff adduced the medical reports as evidence in court. 5. Breach An act or an omission which results in a failure to fulfill a responsibility imposed by law. 6. Burden of Proof The extent of the responsibility recognized by law in establishing one’s claim made to court. In Civil cases such as tort law, the burden of proof is on a “balance of probabilities” which is said to be a lesser extent than the burden of proof in criminal cases, i.e. “beyond reasonable doubt”. 7. Cause of action A fact or a combination of facts which gives rise to a right of action. 8. Claimant (Plaintiff) The person who originates a claim in a court of law. Also referred to a Plaintiff in some jurisdictions. 9. Defence An argument or a position taken by the defendant in denying liability 10. Defendant A person against whom an action is bought 1 11. Deterrence Discouraging a person to act contrary to law. 12. Exclusion of Liability An act (most often by contract) recognized by law which results a party to escape a legal responsibility. 13. Fiduciary A person who holds a position of trust in relation to another, due to the special relationship between the said parties where the law recognizes a higher level of responsibility towards the latter party. Fiduciary duty is the higher level of conduct expected from the fiduciary to act in the best interest of the beneficiary. E.g. the relationship between the solicitor and the client. 14. Immunity A privilege recognized by law where certain types of conduct is prevented from being scrutinized by court. E.g. Members of the Parliament have immunity in respect of words spoken in Parliament. 15. Interim order A temporary order given by court pending final determination of the dispute often to maintain the position of the parties. 16. Liability The legal responsibility attached by Court to a party after determining the claim made against such party. 17. Malice Intention to commit an act against another party recognized by law as a wrongful act. 18. Mitigation Circumstances recognised by law which when present limit the extent of liability 19. Quantum Amount or how much. E.g. Quantum of damages 20. Prescription The period of time within which a claim can be presented to court for determination and the lapse of which prevents the court from considering such a claim. 21. Tortfeasor A person who commits a tort 2 22. Waiver The act of disclaiming or giving up a legal right that if not for the act of disclaiming could have been exercised against another party 3
