Philosophy 2080 Study Guide - Midterm Guide: National Coal Board, Damages, Nervous Shock In English Law
10 Mar 2016
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According to the author weinrib, in his essay two concepts of tort law, tort liability in canada could be aptly described as, a judgment imposed on the interactions of private persons. It is an established set of principles found in the decision made by judges: one important difference between intentional and unintentional torts is that for a plaintiff in an intentional court case to succeed a. It is not necessary to show actual harm as an element of the tort. In the famous case donoghue v. stevenson (snail in the gingerbeer), the plaintiff won her case because: a. It was reasonably foreseeable that she could be harmed by the careless act of the defendant. In the d v. s case, the defendant argued: that the plaintiff"s statement of claim did not describe a tort recognized by law in scotland. In our common law system, the part of the decision that is binding is: ratio decedendi.
