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

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Published on 21 Apr 2013
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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
- -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.
-Discovery caused plaintiff to suffer shock and severe gastroenteritis
-Argued that the company should have a system of inspection
-Court allowed appeal
Contributory Negligence
- A successful action in negligence requires that the plaintiff demonstrates 1)
that the defendant owed him a duty of care 2) the defendants behavior
breached the standard of care 3) that the plaintiff sustained damage and 4)
that the damage was caused in fact and in law by the defendants breach.
Contributory Negligence- a partial defense for a defendant in a negligence action
when it can be shown that the plaintiff was partially responsible for the harm
suffered
Defenses to Negligence
- Contributory negligence, accident, voluntary participation, and voluntary
assumption of risk?
Defense of contributory negligence is often used to diminish or even eliminate the
plaintiff’s liability for damages, defense is used on an argument that the plaintiff has
either contributed to or created the negligence complained of.
-2nd DEFENSE is that the negligence complained of took place in the context of
voluntary participation in a criminal or anti-social action

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.