LWSO 203 Lecture Notes - Capital Asset, Proximate And Ultimate Causation

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Published on 15 Apr 2013
School
University of Calgary
Department
Law and Society
Course
LWSO 203
LWSO 203-01
March 18, 2013
Causation
Factual Causation: defendants factually caused something that led to the injury
Proximate Causation: how reasonably for-see-able are the plaintiffs to be harmed
Thin skull role: mental physical condition but it is stable, and it would remain stable, but for the
accident
Crumbling skull role: is a physical or mental condition that is deterring and the accident speeds
up the deterriation
Defendant is liable for their actions if they affect the plaintiff in the scene of the accident
Defendant is liable for their effects of their negligence actions even if those effects increased at
the time of the accident (if the plaintiff only suffered minor injuries and overall was fine, but if
the accident say re-trigged depression for ex, then the defendant is liable for the re-triggering of
the plaintiffs depression)
Damages
Damages: amount of $ awarded to their plaintiffs for the injury as compensation
Goal of negligence law is to put them in the position they wouldn’t be in but for their injury
(make them “whole” again)
Damaged business = economic and business loss can be compensated for this
Can be compensated once you have proved the injury to the court (if the plaintiffs injury
increases a couple years down the road those cannot be compensated for)
Pecuniary damages: capable of monetary calculation
Non-pecuniary damages: damages for pain suffering and you cannot calculate these
damages (there are limits that exist on the amount you get compensated for the pain
suffering)
You need to prove your damages and then you claim your non-pecuniary damages
compensation
Pre-trail loss:
Post-trial losses: loss of earnings passivity? difficult to figure out; an example of post-trial
loss is say before the accident an individual was a lawyer and was able to do their job but
after the accident their cogitative abilities got effected the court would then say this person
lost their capital asset and then the court will look at the value of that asset and then state
what the future of the plaintiff would look like so that way the court could give them their
non-pecuniary compensation
ex: calculate how much the person would have earned in the future if they hadn’t
gotten in the accident, but this is difficult to predict because they have to look at if
the individual would have planned to have a child/family or not etc. which would
alter or vary the amount they would earn
If it’s a child in the accident the court looks at the child’s grades, parents work ,etc
to determine how much compensation to offer
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Document Summary

Factual causation: defendants factually caused something that led to the injury. Proximate causation: how reasonably for-see-able are the plaintiffs to be harmed. Thin skull role: mental physical condition but it is stable, and it would remain stable, but for the accident. Crumbling skull role: is a physical or mental condition that is deterring and the accident speeds up the deterriation. Defendant is liable for their actions if they affect the plaintiff in the scene of the accident. Damages: amount of $ awarded to their plaintiffs for the injury as compensation. Goal of negligence law is to put them in the position they wouldn"t be in but for their injury (make them whole again) Damaged business = economic and business loss can be compensated for this. Can be compensated once you have proved the injury to the court (if the plaintiffs injury increases a couple years down the road those cannot be compensated for)

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