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Phil 2821 Summarized Theorists.docx

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Western University
Philosophy 2821F/G
Andrew Botterrell

Tort Law Body of rights obligations and remedies applied by courts in civil proceedings to provide relief for person who have suffered wrongful acts at the hands of others Involuntary interactions that bring people into legal relationships Foundations of LiabilityMust show negligence that your actions resulted in the problem and the neighbour principle that you did not meet the standard or duty of care required Duty of care is the scope of duty owed based on foreseeability and the objective standard of the reasonable personaScope of Liability Proximate Cause is a legal limitation on causeinfact An event which is the closest to or immediately responsible for the actionObjective Standard Holds a person to the standard of the ordinary or reasonable person Exceptions include minors elderly and handicapped Cases Donasghue and Stevenson Stevenson manufactures ginger in bottles Is sued by Donasghue when she finds a decomposing snail in her bottle after she has drunk it She suffers some ill feelings as a result and sues Stevenson She wins the suit as the bottle was opaqueand it was found that as a result Stevenson owed a duty of care to her as it was reasonably foreseeable that the bottles should be inspectedunder quality control Vaughan Bales of hay catches fire and destroys plaintiffs cottage after the plaintiff had warned the defendant that hay stored in that manner was likely to catch fire It was foreseeable that the hay would catch on fire and a reasonable person would have remedied the situation Defendant claimed he wasnt responsible because he did not meet the objective standard in terms of intelligence and therefore it did not apply to himKant PUNISHMENT Immanuel KantPunishment The goal of laws is to augment the general happiness of the public Punishment is used for the greater goodBackwards looking Right of state to punish peoplePunishment can never be justified as a means to an end Retributive Principle Eye for an eye If you commit murder then you should be killed Whatever consequences you bring upon people you bring upon yourself
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