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crim 135-Negligence.docx

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Langara College
CRIM 1116

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 req
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