Class 5 (Law) Flashcards
Categories of torts
Intentional Torts
Property tort
Negligence
Other: Dignitary tort(defamation), Economics tort (fraud), Liability torts(products liability)
Intentional Torts include
Assault (threat before)
Battery
Property tort include
Trespass
Nuisance
Standard of proof for all private law claims
Balance of Probabilities
4 main components of a negligence claim (need 4 elements to claim a negligence)
- Duty of Care (standard of reasonable person, another nurse would do the same?)
- Breach of Duty (norm and standard of role)
- Causation (act/omission with direct cause of the loss/damage… Would the injury have occured without the breach?)
- Damages (compensation: pecuniary and non-pecuniary)
Extracontractual liability
duty by the rule of conduct, not cause injury to another by the act of things in his custody.
Elements of liability
Fault
Damage
Causation (what is the diff. possible that could cause that damage? Adequate causation)
Contractual liability
Duty to honour his contractual undertakings
Class of Criminal offence
Indictable offences
Conviction offences
Indictable offences
- Murder 1st & 2nd degree
- Criminal negligence causing death
- Attempted murder
- Threft of property over 1,000$
(2y to life prison)
Conviction offences
- Discharging a firearm in a public place
- Loitering (flanner)
- Trespassing
less than 2 y prison
Professional Obligations of nurses
Obligation of means towards patients
Hospital and doctor can sue the nurse
Professional Obligations of hospital
Legal responsibility toward patients (vicarious liable for the actions of its staff)
Professional Obligations of the doctor
Obligation of means toward patients
Responsible for the actions of a nurse
Professional Misconduct
licence/profession, practice w/o licence, stole meds/narco, work in influence of drugs)
Professional Malpractice
Not involve misconduct. act or function in a way that is careless or lacking in skills. Do your job but not in the best ways. Negligence.
Tort synonym in Qc
Delicts
Contributory negligence
its a legal principle that if the plaintiff is in any way partly responsible for his or her injuries as result in the negligence, contribution of the defense is least significant or not significant.
Coroner’s inquest
Its a dead investigation, its not a criminal trial, no accused person. (none of the evidence and testimony given at an inquest may be used in a criminal tial.)
Guideline for proper documentation
Record contemporaneously Record only your own actions Record in chronological order Record clearly and concisely Make regular entries Record corrections clearly Record accurately File incident reports Record legibly
