LWSO 203 Lecture Notes - False Imprisonment, Punitive Damages, Private Law

18 views2 pages
Published on 15 Apr 2013
School
University of Calgary
Department
Law and Society
Course
LWSO 203
Page:
of 2
LWOS 203-01
March 11, 2013
Tort Law
1) Criminal Law vs. Civil Law
a) Criminal law
i) Public Law
ii) Accused/ Crown prosecutor
iii) Guilty/not guilty
iv) Beyond a Reasonable Doubt
b) Civil Law
i) Private law
ii) Plaintiff/defendant
iii) Liable/not liable
iv) Balance of probabilities
Purpose of criminal law is social control
Government/state executes the control
Criminal law: It’s a form of public law
Negligence law is private law between private individuals like corporate groups,
etc. ; try to promote save environment amongst society
Both (criminal and negligence law )control criminal behaviour
Do not talk about guilt in neg. only talks about liable (persons done something
not morally wrong but did something and had a negative effect on someone else
and is responsible for the negative action, no matter how innocent they may be
from a moral perspective)
Criminal you talk about the individual being guilty
Criminal law focus is on punishing the offender
Neg. law you composite the consequences
Criminal law, you get the crown prosecutor versus accused (guilty or not guilty)
Neg. law you have the complainant versus the defendant (liable or not liable)
Can be tried criminally and in neg. for a negative behaviour
Criminal law: prove case beyond reasonable doubt
If found guilty in criminal law then your found liable in civil law but it’s not
always the other way around
2) Tort Law
a) Purpose: compensation
b) Duties imposed by Tort law
c) Types of Torts:
i) intentional
ii) negligence
Safe functioning of social…
Compensating the injured party for wrong done via for monetary award damages
Try not to punish the person who acted negligencially
In come neg. cases you can be awarded punitive damages
Involuntary duties imposed upon us by the law, equally for the protection and
benefit of all of us
Intentional: False imprisonment, deathemation: liable-when you write something
false, blaring your radio late night, damaging property, misrepresentation, fraud
3) Negligence
a) Duty of Care
b) Standard of Care
c) Causation
d) Damages
i) Key Principle: restitution in integrum – return the parties to their
original position
ii) Special damages vs. general damages
iii) Pecuniary vs. Non-pecuniary damages
Neg.: breach of a legal duty to take care which results in damage to the plaintiff
Four elements: defendant owes plaintiff the duty of care (someone out there
you must look out for), def. breached the duty of care by failing to meet the
request or standard of care (look at what action you have to take), causation
–plaintiff has to show that the def. has showed failure to take care of them the
and has caused a negative action –ex. Damage, what are the damage sand the
losses (physical versus emotional losses –depression, increase in anxiety levels,
etc.)
Medey case (p.168?)
Plaintiff has to prove through their lawyer the four elements on the balance of
probabilities
403 467 8208

Document Summary

March 11, 2013: criminal law vs. civil law. Criminal law: public law, accused/ crown prosecutor, guilty/not guilty, beyond a reasonable doubt. If found guilty in criminal law then your found liable in civil law but it"s not always the other way around: tort law a) b) c) Types of torts: i) intentional: negligence, safe functioning of social , compensating the injured party for wrong done via for monetary award damages, try not to punish the person who acted negligencially. In come neg. cases you can be awarded punitive damages. Involuntary duties imposed upon us by the law, equally for the protection and benefit of all of us. Intentional: false imprisonment, deathemation: liable-when you write something false, blaring your radio late night, damaging property, misrepresentation, fraud: negligence a) b) c) d) Damages: key principle: restitution in integrum return the parties to their, special damages vs. general damages, pecuniary vs. non-pecuniary damages original position, neg.