Glossary

• Author: Philip H. Osborne
• Profession: Faculty of Law. The University of Manitoba
• Pages: 437-445

437

GLOSSARY

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

abator suffers.

Abuse of process: The use of civi l process in furtherance of an im-

proper motive.

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

other, or conduct th at no reason able person would foresee as creati ng a

risk of injury to others.

Act of God: An extraordinary 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 ex pression for a common law

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

for the loss of personal and domest ic services ari sing from an injury

caused by the tortfeasor to a spouse.

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

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

injured by a tortfeasor.

Action: See cause of action.

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

pass on the case. A feature of the writ was that the circumstances of

the case were set out in it. Trespass on the case evolved into a number