LAW1113 Lecture Notes - Lecture 1: False Imprisonment, Defensive Medicine, Tort
Document Summary
Plaintiff is complaining of a wrong administered by the defendant. Tort = wrong an injury or a wrong which the law will address. Originated from the (cid:494)writ system(cid:495) in (cid:883)(cid:884)th century england: defamation injury to reputation. Examples of different torts: fraud, false imprisonment, negligence (this is a specific tort in itself, but is also an element that must be made out when proving other torts) Prosecution: private persons (as opposed to the state in crim law) Sanction: compensation, damages (return you to the position you were in before the tort), injunction, declaration. Injunctions: order d to do or cease to do something: declaration: declare rights of the parties. In respect of what will compensation be provided: reduced earnings s. 44 & 45, medical expenses s. 44, availability of the law of tort. In respect of what will compensation be provided: earnings (s. 160, medical expenses, availability of the law of tort, an action can still be brought in tort.
