Tort Law Flashcards
Torts
a private wrong
a private matter against an individual, corporation/body of government
Tort Law
Law aiming to remedy private wrongs through compensation
- Differ from contract law
Criminal Law
is a public wrong; an offence against the public interest
Criminal Law is Meant To
- punish wrongdoings
- defer further infringements
- express social condemnation for wrongdoings
- rehabilitate offenders
Like Tort Law, Criminal Law…
is developed through case laws
Difference Between Tort Law and Criminal Law
While criminal law determines guilt, tort law determines liability
Liability
the responsibility for a legal obligation
The Standards of Tort Liability and Criminal Guilt are Different
- Liability based on probability
- Guilt based on proof beyond a reasonable doubt
In Tort Law
there is no requirement to prove intentions
Types of Tort
- Intentional tort
- Negligent tort
- Strict liability tort
- Property tort
- Dignitary tort
- Economic tort
- Toxic tort
Intentional Torts
- Torts that occur as a result of intentional physical/mental harm to someone
- Involves intentional wrongdoings with unintentional consequences (foreseeability)
Defenses in Intentional Tort Law Include:
- consent
- self-defense
- necessity
- legal authority
Negligence
the failure of an individual/organization to meet a standard of reasonable care, resulting in the injury of someone
Duty of Care
a legal obligation in a specific context
Standard of Care
the degree/level of care a reasonable person would apply in a specific context
‘Reasonable Person’
someone who would not be expected to be negligent under specified circumstances
Causation
links the defendants breach of obligation to the plaintiff’s injury
Remoteness
reflects whether a specific damage suffered by someone was reasonably foreseeable
More v. Bauer Nike Hockey Inc. (2011)
- standard of care
- suffered brain injury at 17 due to defected helmet
Buchan v. Ortho Pharmaceutical (1986)
- duty of care
- woman suffered a stroke after taking oral contraceptives for less than six weeks
- sued the manufacturer for damages for personal injuries
Mustapha v. Culligan of Canada (2008)
- duty of care, remoteness, foreseeability
- saw dead flies in water bottles, became severely traumatized
- How do you determine if there is recoverable psychological harm in Canada?
Defenses to Negligence Include:
- Contributory negligence
- Accident
- Voluntary assumption of risk
- Participation in a criminal act
King v. Redlich (1984)
- voluntary assumption of risk
- wasn’t wearing a helmet whilst playing hockey
Punitive Damages
damages awarded in tort law beyond what is necessary to compensate the injured
Criticism of Punitive Damages
Criticized for potentially duplicating sanctions with criminal law
Whiten v. Pilot Insurance Co.
- insurance + punitive damages
- Whiten’s house burnt down + Pilot denied the house insurance claim
Tort Law is Primarily Concerned With
compensation for the injured
OJ Simpson Case
- was acquitted of the murders of his ex wife and her friend
- guilty of civil law but not criminal
