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Lecture 10

LAW 201 Lecture 10: LAW201 Lecture 10 - March 21st, 2017

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LAW 201
Mary Jo Maur

210317 LAW201 Week 10 TORTS A civic wrong between individuals for which the victim can get some legal remedy in the private Three Main Categories of Torts Negligence Intentional Torts Strict Liability Elements of a NegligenceAction 1) Duty of Care means the duty not to harm them you owe a duty to people who are foreseeable at risk to things that you do for example; when youre driving, you have a duty to not hit pedestrians or other people on the road 2) Standard of Care has to reach the reasonable standard of the driver need to follow the standard expected of a reasonable person 3) Causation (CauseInFact) did the persons conduct fall below the standard? for example; the linkage of texting and driving, to cause somebody home 4) Remoteness (Proximate Cause, Foreseeability) this rarely comes up if the cause of that persons harm, which was caused by some fault behaviour, is that behaviour is so unexpected and unforeseeable, that we see as a society should hold someone responsible in law this rarely comes up because most accidents have foreseeable actions that cause the accident for example; texting and driving can and may cause an accident 5) Damages you have to prove the victim suffered something for example; if they broke a limb, or if the victim suffers a loss of property * if you prove these five things, you then have the tort of negligence 6) Defences? (Ex. Contributory Negligence) for example; if someone is texting in driving, but in the same accident the pedestrian was walking in the middle of the street without looking, or simply wasnt paying attention, that could be considered contributory negligence
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