MGT393H5 Lecture Notes - Lecture 5: Punitive Damages, Breach (Security Exploit), Contributory Negligence
Document Summary
Tort wrongdoing in private law (the term tort is from the latin word tortus means wrong role: to compensate victims for harms suffered from activities of other; Punishment is the role of the criminal law; What is a tort continues to evolve there are - intentional torts liability for a deliberate act (e. g. battery) and unintentional torts; Historically many crimes also result in a tort action. Negligent torts liability for careless behaviour. Workers compensation (cannot sue your employer for tort accident in workplace) some provinces no fault insurance. Negligence (class five: negligence - definition and characteristics. Reasonable foreseeability ask would a reasonable person in similar circumstances have foreseen the injury to the plaintiff (does not have to be exact injury) Pregnant woman owes no duty to unborn child. 11 the fourth and final question to address in a negligence claim is whether the defendant"s breach caused the plaintiff"s harm in fact and in law.
