LAW 122 Lecture Notes - Lecture 2: Implied Consent, In Loco Parentis, Anger Management
5 Jun 2018
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Lecture 2 – Law 122
• S92 of the constitution outlines all provincial powers
• S91 outlines all federal powers
• S15 outlines legislation regarding discrimination
Tort Law
• A failure to fulfil a private obligation imposed by law
• Tortfeasor: is a person who commits a tort
• Tort Law includes almost every sort of private law wrong outside of breach
of contract
• Social Purpose: Tort law discourages people from committing private
wrongs by requiring them to compensate and restore the wronged party
Types of Torts
• Intentional
o Committing battery by shoving someone or throwing something on
another persons lawn
• Negligence
o When harm is caused carelessly, such as when a medical team
accidentally amputates the wrong limb of a patient
• Strict Liability
o Applies to very risky activities and injuries caused by wild pets or
wandering cattle
▪ If you cattle wanders off your property and tramples your
neighbours yard, you are strictly liable
Starting the Legal Analysis
• Facts → Issue → Law → Application
• Suppose you are given a set of facts and asked to spot the issue
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o Is this a tort or a different type of legal wrong?
o If it is a tort, what kind of tort is it?
o What tort specifically is involved?
Strict Liability Torts for Extraordinarily Dangerous Activity
• A tort occurs when the defendant is responsible for an especially dangerous
activity that caused harm
o Transportation of dangerous products
o Keeping of dangerous animals
Negligence
• Tort occurs when a person acts carelessly
• Actions/activity is protected if it is reasonable in the circumstances
Levels of Intent
Continuing the Legal Analysis
• What is the legal test?
o The elements to show that a particular tort has occurred
o Say it in the abstract as a general principle
• Apply the law
o Application = Law + anchor facts
Russo v Ontario Jockey Club
• Facts
o Russo was a very skilled bettor and had won a lot of money at horse
racing tracks owned by the Ontario Jockey Club
o The Defendant gave her a notice that required her to leave the
premises
o Russo sued
• Issue
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