SOSC 1375 Lecture Notes - Lecture 7: Reasonable Person, English Tort Law, Mens Rea
8 Feb 2016
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Document Summary
Derived from a latin word meaning a wrong". A wrong committed by one person against another, or against the person"s property or reputation either intentionally or unintentionally. Also covers cases where a person causing an injury has no lawful right to do so. Most of our criminal law was once tort law. Dates back to a time when courts first saw the need to remedy a wrong. Courts have to balance individual freedom and injury when deciding negligence cases. English tort law case concepts of the reasonable person is elaborated for the first time. Mr. menlove build a haystack near his neighbor (mr. vaughan"s) property. Mr. menlove was aware that the haystack wasn"t property build. Two od ms. vaughan"s cottages were destroyed in a fire. The jurt in the trial had to decide whether mr. menlove proceeded with such reasonable caution as a prudent man would have exercised under such circumstances.
