CRIM 1116 Lecture Notes - Contributory Negligence, Ginger Beer, Intentional Tort

38 views5 pages
Published on 21 Apr 2013
Department
Course
Professor
Negligence
Intentional Infliction of mental or physical harm: the scope of liability
-Liability- what the court decides in a private law action. In this situation the
court assesses fault and decides whether damages are awarded liability
differs from a finding of guilt, which is the determination that a judge must
make before a wrongdoer can be convicted in criminal law
The Standard in intentional Conduct vs. The standard in negligence
-Line drawn between a standard to be employed with torts of negligence and
standard to be employed with intentional torts.
-Concept of foreseeability would while integral to a tort of negligence would
unfairly diminish the prospects for a plaintiff recovery in cases involving an
intentional tort.
-For intentional torts it’s sufficient that the defendant intended harm.
Defenses to Intentional Tort
- Defenses to claims of damages from intentional tort include consent self-
defense defense of property necessity and legal authority
Unlock document

This preview shows pages 1-2 of the document.
Unlock all 5 pages and 3 million more documents.

Already have an account? Log in
- -Person might intrude upon or damage another person or another persons
property in order to avoid a physically threatening event the defense would
be necessity
-
- -Consent- a defense to allegations that an intentional tort has been committed
can also be used as a defense in criminal law (either in sexual contacts or
sports)
Negligence and the standard of the Reasonable person.
-Most common form of tort is negligence
-Negligence is the omission to do something which a reasonable man guided upon
those considerations, which ordinarily regulate the conduct of human affairs, would
do or doing something which a prudent and reasonable man would not do.
Donoghue V. Stevenson
Plaintiff brought action to recover damages from the manufacturer of a bottle og
ginger beer.
While drinking the beer the plaintiff had discovered the remains of a decomposing
snail.
Unlock document

This preview shows pages 1-2 of the document.
Unlock all 5 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Intentional infliction of mental or physical harm: the scope of liability. Liability- what the court decides in a private law action. In this situation the court assesses fault and decides whether damages are awarded liability differs from a finding of guilt, which is the determination that a judge must make before a wrongdoer can be convicted in criminal law. Line drawn between a standard to be employed with torts of negligence and standard to be employed with intentional torts. Concept of foreseeability would while integral to a tort of negligence would unfairly diminish the prospects for a plaintiff recovery in cases involving an intentional tort. For intentional torts it"s sufficient that the defendant intended harm. Defenses to claims of damages from intentional tort include consent self- defense defense of property necessity and legal authority. Person might intrude upon or damage another person or another persons property in order to avoid a physically threatening event the defense would be necessity.

Get OneClass Grade+

Unlimited access to all notes and study guides.

YearlyMost Popular
75% OFF
$9.98/m
Monthly
$39.98/m
Single doc
$39.98

or

You will be charged $119.76 upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.