CRIM 135 Lecture Notes - Lecture 10: Ginger Beer, False Imprisonment

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No seen as serious as criminal offenses. Just because you didn"t mean to doesn"t mean it wasn"t you fault. Duty to be carful duty of care: types of intentional torts (a) injuries to the person (i) assault (ii) battery (iii) false imprisonment (iv) defamation (v) malicious prosecution (b) injuries to property, extent of liability. Unintentional torts: introduction, negligence (a) general concept (b) negligence as articulated in donoghue v. stevenson (1932)(hl) (i) the background to the case. Donoghue offered the drink and drank some, and there was a snail in it. She said she was on shock and etc. Precendent setting case (ii) the duty of care (the neighbour principle ) Neighbour isn"t literally your neighbour is anyone that was be affected but your actions (iii) the standard of care (that of the reasonable person ) Have to be carful as a reasonable person. What would a reasonable person do? (iv) foreseeability. Harm reasonably foreseeable to make a claim against.

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