Glossary

• Author: Philip H. Osborne
• Profession: Faculty of Law. The University of Manitoba
• Pages: 481-489

481

GLOSSARY

Abatement: A self-help remedy to remove a nuisance from which the

abator suffers.

Abuse of proc ess: The use of civil process in furt herance of an im-

proper motive.

Accident: An unexpected or untoward event that causes injury to an-

other, or conduct that no reasonable person would foresee as creating

a risk of injury to others.

Act of God: An extraordinar y natural phenomenon that is beyond the

foresight of a reasonable person and could not therefore be guarded

against.

Actio per quod consortium amisit: A Latin expression for a common law

action originally available only to a husband (now extended to wives)

for the loss of personal and domestic ser vices arising from an injur y

caused by the tortfea sor to a spouse.

Actio per quod servitium amisit: A L atin expression for a common law

action brought by an employer for the loss of services of an employee

injured by a tortfeasor.

Action: See caus e of action.

Action on the case: A cause of action originat ing from the writ of tres-

pass on the case. A feature of the writ was that the circum stances of