Glossary

• Author: Philip H. Osborne
• Profession: Faculty of Law. The University of Manitoba
• Pages: 459-467

459

GLOSSARY

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

abator suffers.

Abuse of process: The use of civ il proces s in furtherance of an im-

proper motive.

Accident: A n 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 extraordinary n atural phenomenon that is beyond the

foresight of a reasonable per son 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 p ersonal and domestic services arising from an injury

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 ser vices 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 t he circumstances of

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