Glossary

• Author: Carolyn MacLean/Alex Colangelo
• Pages: 339-345

339

Glossary

a social host someone that hosts a party at their home

ab initio “from the beginning”; a contract that is void ab

initio—invalid from the beginning—cannot give rise to any rights

absolute liability liability that is imposed despite the lack of

negligence or intent and for which no defences apply

absolute privilege a defence to defamation for statements

made in certain situations, such as in court or Parliament

abuse of process the use of the court process for an improper

purpose

acceptance an expression by a person or legal entity of the

acceptance of an offer to enter into a legally binding contract;

the acceptance of an offer made by one party in the bargaining

process signals that the parties have reached an agreement on

contract terms, and a binding contract exists from that time

accord and satisfaction a means of discharging a contract whereby

the parties agree to accept some form of compromise or settlement

instead of performance of the original terms of the contract

act of God a defence to strict liability where the escape was

caused by a force of nature beyond human foresight

ad idem “to the same things”

adverse possession when the claimant can prove uninterrupted

use of land, to which the claimant is not registered as the titled

owner, for a specific period of time

affidavit of execution a sworn statement in writing, signed by

the witness to a contract, stating that the witness was present and

saw the person whose signature is on the contract actually sign

it; the affidavit can be used to prove that a party to a contract

actually signed it

aggravated/moral damages compensatory damages awarded

in circumstances where the defendant’s conduct has been particu-

larly high-handed or oppressive

Alzheimer’s disease a common, progressive form of dementia

that starts with mild memory loss and potentially leads to an inabil-

ity to communicate or respond to one’s environment

an office host a business that hosts an office party for

employees

Anns test a two-pronged test used to determine whether a duty

of care should be recognized in novel cases

anti-SLAPP legislation legislation that permits a defendant to

bring a motion to dismiss a defamation action that was brought to

discourage public participation

anticipatory breach an express repudiation that occurs before

the time of performance of a contract

apportionment the practice of awarding damages based on the

contribution of each negligent party

arbitration a binding, out-of-court process presided over by an

arbitrator and from which an arbitral award may be issued

arm’s-length transaction a transaction negotiated by unrelated

parties (i.e., parties who are not friends, family members by birth or

marriage, or related by business interests), each acting in their own

independent self-interest

assault the intentional creation of a reasonable apprehension of

imminent harmful or offensive contact

assignee a party to whom rights under a contract have been

assigned by way of an assignment

assignment a transfer by one party of their rights under a

contract to a third party

assignor a party who assigns their rights under a contract to a

third party

bait and switch the act of enticing someone to enter a store or

commit a certain action by offering them something favourable

without a genuine ability to satisfy them and then instead redirect-

ing them to something less preferred

balance of probabilities in civil cases, the burden of proof the

plaintiff must meet to prove their case, specifically that it is more

likely than not that the defendant committed the tort

battery the intentional infliction of unlawful force on another

person

beneficiary a person who is entitled to the benefits of an agree-

ment entered into between two or more other parties

beyond a reasonable doubt in criminal cases, the burden of

proof the Crown must meet before the accused can be convicted

bilateral contract a contract in which, at the time it is formed,

both parties have a promise to fulfill in the future

breach of contract failure, without legal excuse, to perform any

promise that forms part of a contract

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