LAWG 101D2 Lecture Notes - Lecture 22: Arsenic Poisoning, Hereditary Spastic Paraplegia, Beverley Mclachlin

• School: McGill University
• Department: Law General
• Course: LAWG 101D2
• Professor: Stephen Smith

Document Summary

For the purposes of this course, there is no difference between the cml and the cvl in this section. You can get rid of injury (intentional torts), you can get rid of duty of care (cvl), but in our current conception of tort law, you can"t get rid of causation. If we have a universal compensation scheme (new zealand), most people wouldn"t call that tort law. " generally speaking, causation is fundamental to tort law. The requirement of causation shows that tort law is about relationship, not simply deterrence and compensation. Remoteness/directness we are only looking at cause in fact. Causation is not the same thing as quantification (of damages) 2804 -evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof. Facts: b drank some poisoned tea at work, and then began vomiting. 3 hours later, he went to the hospital.