Philosophy 2080 Lecture 1: Tort Master Notes
15 Oct 2018
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Obiter dicta: things said by the way, i. e. not binding. Tort: an actionable wrong, i. e. that you can sue for. Plaintiff ( ): person doing the suing (a. k. a. Unintentional tort negligence: these types of torts are wrongs because the def. didn"t consider that he/she could harm someone with his/her actions. Intentional torts actionable per se: proof of harm is not necessary to succeed with these wrongs (e. g. libel/slander, trespassing, nuisance) Elements of a negligence case: duty of care, standard of care, breach of standard, causation, damages. In a civil action, the has to prove the case, i. e. the onus/burden of proof is on the . In order to succeed with the case the has to prove his/her case based on a balance of probabilities (i. e. 51/49) as the standard of proof. Pleadings in ontario this is a written statement of claim to set out what the will be.
