MGSC30H3 Chapter 5: Chapter 5 Notes
Document Summary
Negligence and the evolution of the duty not to injure. Proximate cause (causation) and the duty of care. The law of torts is one of the oldest areas of law. It is concerned with injury caused by one person to another person, or to property, when the courts have determined that a duty exists not to injure. Unintentional injury to a person, when a duty not to injure is owed, is a tort. Most torts of this nature fall under the general classification of negligence, which includes not only unintentional injury to the person, but injury to property as well. Injury to the property of another person through carelessness is actionable in tort if a duty is owed not to damage the property. While trespass to land normally is a wilful act and an actionable tort, unintentional interference with the enjoyment of the lands of another constitutes the tort of nuisance.
