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Lecture 3

Lecture 3 - Tort Law Continued.docx

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Department
Business
Course
BU231
Professor
Valerie Irie
Semester
Winter

Description
Lecture 3 Tort Law – Other Unintentional Torts, Negligent Misrepresentation & Business Related Torts Unintentional Torts • Product Liability: – Donaghue v Stevenson [1932] A.C. 562 – Still have to demonstrate a duty of care – Problem is that since plaintiff so far removed, hard to demonstrate they didn’t demonstrate duty of care – Difficulty in demonstrating negligence on part of manufacturer of goods – • Becomes necessary to demonstrate that the product was defective and caused harm and then onus/burden of proof switches to the defendant • Circumstantial Evidence Rule • Only have to show that defective product injured plaintiff, use circumstantial evidence rule and flips burden on defendant • Manufacturer of goods should be responsible to the consumer Product Liability • Ongoing duty to warn – Dangerous products – Products that are discovered to be defective – Scientific and technological advancements • As tech advancements discover increased harm in products, companies responsible for updating public and being committed to their ongoing duty of warning public Occupier’s Liability • The special standard of care owed by persons who occupy property to persons who enter those premises • Concerned with people being hurt on others premises • Occupier = the person who has control over the property • Difference is that the standard of care changes; occupier's liability applies to those currently in control of the property • Invitee and licensee – owed higher standard of care • Invitee – invited to property (ie. customers) • Licensees – legal obligation to be on property (i.e. mailman) • Occupier has standard to remove any hazards of which s/he is aware and those hazards that s/he ought to have been aware of • Trespassers: • Not legally on the property • Still owed a duty of general humanity • Occupier cannot set traps - no deliberate harm • Otherwise, standard of care is minimal • Have to take into consideration that some people are inadvertent trespassers (not intending to cause harm/don’t comprehend they are not allowed to be there) Where the use of the land is to encourage recreational activity, the user of the premises willingly assumes the risk • This is an exception: Anyone who wishes to use land for rec. activity and receives permission of the owner, liability falls then on occupier and they assume risk • Removes liability on those who allow others to use property out of generosity, and do not ask for compensation for use • Schneider v. St. Clair Region Conservation Authority [2009] O.J. No. 3667 (OCA) • Occupiers’ Liability Act, R.S.O. 1990, c. O.2, s. 4 • Those with specialized knowledge or skill will be held to a higher standard than that of the ordinary person • Professionals with certification in their field held to the standard of their field of expertise • Standard = the reasonably competent and diligent person in that field Professional Liability • Those with specialized knowledge or skill will be held to a higher standard than that of the ordinary person • Professionals with certification in their field held to the standard of their field of expertise • Held to this standard because they have been trained and licensed to operate in a respective field, and as such held to a higher accountability • Standard = the reasonably competent and diligent person in that field • Specialists within fields of expertise are held to a higher standard than generalists • The professionals, i.e. doctors, lawyers, accountants, etc. may be held to an even higher standard and must avoid co
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