LAWS 2202 Lecture Notes - Lecture 2: Bolam V Friern Hospital Management Committee, Damages, Legal Personality
21 Feb 2016
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Week 2 - torts 1 - (sep 18): Basic features - the legal enforcement of private relations: Tort: from the latin word tortus", meaning twisted" or crooked. In contemporary parlance, a tort is a legal construct, it is a civil wrong, other than a breach of contract, Wrong" which the law wilderness by an award of damages: (linden, 2001). In tort litigation, the courts must decide whether to shift the loss suffered by one person, the plaintiff, to the shoulders of another person, the defendant (linden, 2001). Initiated by and between private persons (plaintiff vs. defendant) Tried by judge or jury (usually judge) Facts determined on a balance of probabilities. Not all torts require intent fault can be assigned due to negligence (unintentional torts) Governed primarily by precedence and principle judge made or living law". Ultimately subject to the supreme court of canada. Draws on other codified rules, regulations, and laws in determining fault.
