ENG 3000 Study Guide - Final Guide: Caveat Emptor, Tort, Parol Evidence Rule

• School: York University
• Department: Engineering
• Course: ENG 3000
• Professor: Franz Newland

Document Summary

Plaintiff: the party making the claim or complaint (bringing the action) usually the crown in criminal cases. Defendant: the party against whom the claim has been made (defending the action). Appellant: the party appealing the decision of a lower court. Respondent: the party seeking to uphold a decision of a lower court, that is being appealed. Privity of contract: the legal relationship between parties to a contract. Duty of care: applied a reasonable degree of care, reasonable being measured by the conduct of a. Reasonable person in the circumstances (an engineer would be judged based on reasonableness as seen by peer engineers. Strict liability: in the us, a manufacturer may be strictly liable for damage resulting from the use of a product they manufacture even though they were not negligent in producing it. Vicarious liability (deep pocket theory): if an employee commits a tort in the course of employment, the employer will be vicariously liable for the damage caused.