Definition of Tort Law
- tort law is a wrongful act done to the person or property of another
- compensatory, not punitive
Objective of Tort Law
- object of tort law is to place the injured party back in position they would have been, had the tortious act not occurred
- Harm is a required element of any tort - wrongful act must cause harm
Basis for Liability
- Fault
- Strict Liability
- Social Policy
- Vicarious Liability
Fault
refers to blameworthy or culpable conduct - conduct that is unjustifiable to the law as it intentionally or carelessly disregards interests of others
Disadvantages of Fault
- plaintiff that can’t find fault goes uncompensated
- when fault is established, victims may be overcompensated (ie. plaintiff is sympathetic, defendant is large corporation, conduct is considered particularly bad)
Strict Liability
liability that is imposed based upon causation regardless of fault
Public Policy
economic, social, and political considerations or objectives that are believed to be beneficial to society as a whole
Vicarious Liability
strict liability of an employer to compensate for torts committed by an employee during the course of his or her employment
Intentional Torts
- Assault and Battery
- Intentional infliction of mental distress
- Nuisance
- False Imprisonment
- Malicious Prosecution
- Defamation
Related to Business:
- inducing breach of contract
- unlawful interference with economic relations
- unlawful act of bribery
- product defamation
- ethical issue employee recruitment
- passing off
Malicious prosecution
- causing a person to be prosecuted for a crime without an honest belief that the crime was committed
- Elements of malicious prosecution:
(1) unsuccessful charges against the plaintiff
(2) initiated by the defendant
(3) without reasonable and probable grounds, and
(4) with malice or other improper purpose
Inducing breach of contract
intentionally causing one party to breach their contract with another
Unlawful interference with economic Relations
attempting by threats or other unlawful means to induce one person to discontinue business relations with another
Negligence
-carelessly causing injury to the person or property of another
Concept of negligence
-anyone who carelessly causes injury to another should compensate the victim for that injury
Elements of Negligence
3 Part Test for Negligence
- The defendant owed the plaintiff a duty of care.
- Duty of care: relationship so close that one could reasonably foresee causing harm to the other
- good neighbour principle: every has a duty to not injure their neighbour
- neighbour in law - The defendant breached the required standard of care.
- Standard of care: level of care that a person must take in the circumstances
- determine appropriate standard in any given situation, then determine if a person has fallen below the standard of care - The plaintiff suffered injury or damage.
- Causation: connection between the injury and the breach of the standard of care (but for test)
- defendant does not to be sole cause, as long as it is sufficient enough to say defendant caused the harm/loss
- Remoteness of damage
- not all damages will necessarily be compensated if the injury or damage is too remote - The defendant’s conduct caused the plaintiff’s damage.
Defences to Negligence
Contributory Negligence
Mitigation
Voluntary Assumption of Risk
Product liability
- important business law tort
-a negligence tort imposing liability on manufacturers for harm caused by defective products
○ ex. Contaminated product, defective parts, detecting the defect, improper use of product
• A buyer of defective goods may always sue the vendor for breach of contract
-ongoing duty to warn
Occupier’s Liability
- Addresses liability of occupants for injury or loss suffered by visitors to their premises
- Elements
1. duty of care - trespassers
- invitee, licensee, trespasser
2. breach of standard of care
3. causation of damage to plaintiff
any land that is used for recreational purposes has a willingly assumption of risk
Remedies
an award of a sum of money (known as damages), to compensate for any physical or economic losses
Injunction (part of remedy)
a court order restraining a person form doing, or continuing to do, a particular act
Defences against intentional tort
Consent
- if injured party consented the tortious act, there is no tort
- absolute defence
Self-defence
-defendant can show that the self defence was necessary and no excessive force was used
Necessity
-defence to trespass, where aright of way was impassible
Capacity
-requirement of mentally capacity to form intent
Volition
-act must be voluntary
