Class Notes (835,494)
Canada (509,211)
MGSC30H3 (54)
J.Rybak (11)

Tort Law Notes Overview.doc

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Management (MGS)

Tort Law Notes Overview Introduction - Vicarious liability o Anything an employee does in the course of employment may leave the employer responsible as well - Tort refers to any potential wrong doing o Does not require or depend on a pre existing legal relationship o Non punitive and will only compensate to make the person “whole” - Apportion Liability o Distributing the liability across a number of parties involved - Strict Liability o Only need to prove causation o Even lack of intention and due diligence have no bearing o “tort liability which is set upon the defendants without need to prove intent, negligence or fault, as long as you can prove that it was the defendant’s object that caused the damage” - Intentional Tort o Includes all forms of physical violence - Defamation o Libel (written) or slander (verbal) o Reputation is considered to have value and is capable of sustaining damage, especially for a business o The statement must have been made, must be untrue, must have caused damage to reputation o Truth is absolute best defence o Essentially, talking shit or writing shit about people or business to injury their image - Unintentional Torts o Negligence captures the wide variety of instances where no injury may have been intended by nevertheless occurred  Defendant has failed to observe an appropriate stand of care towards the plaintiff, and consequently caused the plaintiff an injury  Duty of care: it must be established that the defendant owe the plaintiff a duty of care at all • Pretty much owe anyone a duty of care as you are to take reasonable care not to harm people around you – Neighbour Principle • Must be considered if the injury was reasonable foreseeable and within sufficient proximity • Cases in which there is unlimited liability, there is usually no duty of care to be breached (Ex. Power outage case)  Standard of care: the appropriate of care must be assessed, to know if the defendant fell short of that standard • Reasonable person test; reasonable person is not the same as an average person • Special consideration needed for children, disabled, mentally challenged  Causation: the defendant’s conduct must have actually caused injury to the plaintiff • Essential standard of causation is the “but for” test o Ex. If an injury sustained by the plaintiff would not have occurred but for the actions of the defendant • Prove more probable than not, 50%+ • Contributory negligence is questionable; often leads to an apportion of liability • If there are interferences between the initial act and the injury, then there may be contributory negligence – no absolu
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