MCS 3040 Lecture Notes - Lecture 5: Strict Liability, Electric Light, Commonwealth Of Nations
Document Summary
Intentional: wrongs committed purposefully, unintentional, wrongs your commit not on purpose negligently or carelessly, hybrid, depending on circumstances it can be intentional or unintentional, plaintiff has burden of proof. Point is no to compensate the plaintiff, but to deter the behaviour of the defendant. If they are debating issues and they speak an untruth about another member of government, they are given absolute privilege (as long as it was said in a context of being in government). This is a thing because we want our government to be able to participate in a debate without looking over their shoulders! We don"t want them to feel threatened by a lawsuit and diminish the intense debate we need. ) Also applies in court pleadings (statement of claims or statement of defence can"t be sued for what you put in there) !3: needs to be connection between what the defendant has done and the harm caused.