ADMS 2610 Lecture Notes - Lecture 4: Strict Liability, Res Ipsa Loquitur, Contributory Negligence
7 Jun 2018
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Chapter 5
Unintentional Torts
1. Tort
a. A wrong committed against someone, either unintentional or intentional
2. Burden of Proof
a. On plaintiff unless “res ipsa loquitur” (i.e, facts speak for themselves)
3. Standard of Proof
a. Negligence: “beyond a balance of probabilities” (over 50%)
b. Criminal: “beyond a reasonable doubt” (99%)
c. Professional Discipline: “Strong Probability” (75%)
4. Vicarious Liability
a. Employer also liable if tort committed by employee during course of
employment
5. Negligence: Hurdles to Overcome
a. Duty of Care
b. Standard of Care
c. Causation
d. Remoteness
e. Defences
f. Damages
6. DUTY OF CARES
a. RULE: Test of Foreseeability - Would a reasonable person in similar
circumstances have foreseen the injury to the plaintiff as a result of his/her
actions? If yes, duty of care owed by defendant to plaintiff.
7. STANDARD OF CARE
a. 2 Steps:
i. What Standard of care is defendant required to meet (that exercised
by reasonable person/company) AND
ii. Based on facts, did defendant meet requisite standard of care
8. CAUSATION
a. Was defendant’s action the cause of the injury
i. But for test - no injury “but for” particular fault
ii. Proximate cause - i.e., no intervening events
9. REMOTENESS OF DAMAGES
a. Are injuries suffered too remote
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