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Chpt 3 Tort Law.docx

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Brock University

Chpt 3 Tort Law 1. The Scope of Tort Law (tort= wrong)  Tort – is a wrong doing by one person to another, 2 types of torts „unintentional and intentional‟  The Role of „Tort Law‟ – is to compensate the victim for harm/suffer/loss for action committed by other person  The Role of „Criminal Law‟ – is left to punish the wrong doer 2. The Development of Tort Law  Earlier in England finding out the fault to a tort done was easy because „Strict Liability‟ was used , who ever directly caused the wrong action to happen was at fault but then later it was thought that if a person not responsible shall not be at fault  Tort law then developed 2 concepts to determine Liability  Fault & Causation – 2 types of torts we developed – 1. Intentional Torts and Unintentional Torts. 3. Basis for Liability ( responsible , fault of action ) Fault – fault in the context of tort law, is who is blameworthy in the eyes of the law for the wrong action committed or tort. th Strict Liability- strict liability was used earlier in England 13 century but then was seen as unfair , but it may be seen today for example someone with a dangerous job. Vicarious Liability – the employer has full liability over his employees while they are employed 2 reasons. 1 employees have limited assets 2. based on fairness, a person who makes the profit shall pay for the damages. Intentional Torts (FET DNA )  Intentional torts are wrongs done to one person by another with intention. 1. Assault & Battery ( usually come hand in hand ) 2. Trespass 3. False Imprisonment & Malicious Prosecution 4. Defamation  Slander ( spoken defamation )  Libel ( written defamation )  Defenses to Defamation  1. that the statements are true  2. Absolute Privilege ( words spoken in Parliamentary debate or legal proceedings )  3. Qualified Privilege ( words said in a letter of reference) 5. Nuisance 6. Economic Torts  Most recent developed tort in statue  2 areas of Economic Torts, 1. „relating to carrying on with business‟ & „related to false advertisement of product‟ 1. „ relating to carrying on with business‟ (a) Unlawful interference with Economic Relations (b)Inducing Breach of Contract 2. „ related to false advertisement of product‟ (a) Conversion ( pretending you own product , stolen goods selling) (b)Product Defamation (saying harmful things about another product, can only hint) (c) Passing Off (passing off a product as its urs but belongs to another business , like using similar labels or packaging ) Unintentional Torts (negligence, carelessness) Negligence – is a careless act that causes another person to endure some form of loss, pain or damage  By far negligence is the most common basis for legal action in the courts 3 Elements of a Negligent Action  In order for a plaintiff to succeed in a negligent case, the following 3 elements must be proven by the plaintiff in order to win case, thus if one element is missing then the plaintiff does not have a case.  So to establish the right to compensation , the plaintiff must prove 1. The Defendant owed the Plaintiff a „Duty of Care‟ 2. The Defendant Breached that „Duty of Care‟ 3. The defendant‟s breach of that duty caused the plaintiff injury/loss/suffering. „Duty of Care‟  the plaintiff must prove that the defendant should have reasonably foreseen that his actions might cause harm to the plaintiff  “what would the normal intelligent person , the reasonable person have done?”  Golden Rule- the duty owed is only when “ the defendant could have reasonably foreseen that his actions would have caused harm to the plaintiff”  Was there a close relationship b/w the parties??? „
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