SOSC 1375 Lecture Notes - English Tort Law, Reasonable Person, Good Samaritan Law
15 Apr 2014
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Tort law: what"s the problem with applying the concept of reasonable person, standards are all diff; somehow come up with a "personal" standard; bias, we need this standard. Duty of care: responsibility -> was his responsibility for people around him: oaks test. Criminal law; whoever hurt you meant to do it. Plumber didn"t really mean for the pipe to explode and injure the person. The concept of foreseeability: foreseeability as an element of tory liability was a difficult concept for the courts to apply, a standard that has to be determined before damages for an unintentional act could be determined. Amos v. new brunswick electric power commission 1977; Courts must balance individual freedom (bungee jump; driving) with protection of society. 2(b) of canadian charter of rights and freedoms: for example some people are deathly allergic to tylenol and if they take 1 then they die. But government can"t make tylenol illegal because it helps most of us.
