LAWS 1000 Lecture Notes - Lecture 3: Rodenticide, Lawn Mower, Contributory Negligence

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10 Aug 2016
Jan 24
Private law/Tort
It’s all about order
-private law is about constructing particular relations and categories. These relations are about creating
order which is linked to capitalism.
-leads to a lot of certainty
-capitalist economy undermine traditional form of association, you treat people as means to an end.
This breaks down sense of community. Everyone is self-interested consumers.
-the law needs to step in and balance negative side of capitalism, create relationships (Trubek)
Tort law
-contract, assault
-tort= injury done to you as private individual. Doing or not doing something which causes someone
-private law is domain of the province
-things are decided differently in every province
-actionable wrong against a person, property or threat of harm.
Private/Civil v Public/Criminal
-breaking a contract or committing tort does not make you morally accountable, only financially
-standards for making someone guilty is more lenient in private law.
Contract vs tort
-difference between suing in contract and tort.
-in tort you have to prove that damages were done. Physical or psychological.
-in contract you have to prove disappointment of expectations
-contracy= agreement between two individual.
Goal of tort law
-deterrence is not based on violence. Deterred because you don’t want to lose money.
-it forces disputes into public arena, help with change.
-problems with tort law
Two kinds of Tort
-intentional tort: private wrong intended to do. don’t need to have a moral understanding that you’re
action is wrong. Ex: trespass, assault, battery.
-no necessity for mens rea. So the outcome could be worse than you intended but you will still be
charged with the consequence
-Negligence: fail to do standard of course.
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