FRSC 1100H Lecture 5: Week 5 intro canadian justice
Document Summary
Week 5 - civil justice system: somebody suing someone, cause of action, always has to be a harm (damages, usually financial compensation) Tort: reasons why people might sue each other or legal justifications for suing someone aka. Tort law: usually developed by judges over years via case law. Unintentional tort: a civil wrong from an unintentional act. Intentional tort: a civil wrong from an intentional act. Strict liability tort: a civil wrong where intention does not matter, activity is inherently dangerous. Contract law: because one party believe the other is in breach of a contract - contractual justification for suing someone. Legislative rights/violations; rights given under specific pieces of legislation that, if breached, allow people to sue. Intentional tort: assault and battery, trespass, false arrest and imprisonment, defamation, nuisance. Negligence need to prove element of on a balance of probability. To determine if the elements of negligence exists: re.