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LAWS 3304
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Private LawWinter SemesterLecture1individual intactness duties not to violate anothers person or property Tort Lawexchange and concept of maqking self interested bargains contract lawhow law corrects injustices arising from a person retaining a benefit or profit from which they ought not to have received unjust enrichmenthow law also fosters social intactness and interdependent social and professional relationships fiduciary obligationsex Morell Mackenzie Smoke Ball caseex Buick Wheel caseex Army Medical core in Cairoex Two rival Opera HousesObligationstortcontractUnjust enrichmentFiduciary DutiesLecture 2The Careful Pedestrianwhat was the damage How would you assessself employed personwhat are the costs of careshould there be a limitwho do we worry aboutdrivershould she be held responsible Sure negligent butwooowdoctorsproper duty of care pin placed improperlywomans dependents loss of carethe woman who was injureddoes intention matterfaultwhy faultthe thingspeaks for itselfhow to prosecute the casesettlement with insurancesue the driver no fault regime accident compensationlike OHIPissues of personal accountabilitymight get morewhy should society payA fact Scenarioman was working as a galvanizer TAKE YOUR VICTIM AS YOU FIND THEM some people respond to things differently and if they are susceptible to rare injury still the fault of the company ie Burning of th bottom lipcancerPalgraf v Long island RR 1928 p531most celebrated of US tort casesfactstrain wayguard helps the manunforeseen circumstances fireworks go off and hit the woman and a weigh station falls on hershould there be liability or not On what basisforeseeability of harm majority v Proximate cause minoritystandard of care prudence the norm of conduct the customary standard to which behaviour must conformCardozo 532no liabilityBolton CRICKET CASEbatter hits plaintiff in the head causing injury with the ballProbability had it happened before Could it or should it have been avoided Could the harm have been foreseenPars v Stepney Loss and its gravityfacts war injury employment pending termination accidentloss of vision in one eye as a mechanic a bolt flew into his other eye and loss his vision in his other eyeissue negligence standard of care in the workplace good practiceactual practice gogglesliability why or why notshould the one who runs the shop be liable Did they or should they have had safety regulations Provide gogglesThe Reasonable Person Child or WomanFardell v Pottson her boat and collided with a punt another boatDecision says there is no such thing as a reasonable womanThe doctrine of allurement playing children and genderboys will be boys temptationsDonoghue v stevensonthe most celebrated UK torts caseFacts Looking at the LanguageReasonable care to avoid acts or omissionsreasonably foresee would be likely to cause harmPersons closely and directly affected byChilds Was it the same or different than commercial hostsSCC said it was different and not within already recognised duties because1commercial hosts expected to monitorcommercial hosts monitor consumptionpatrons expect commercial hosts to monitorcommercial hosts are trained to asses intocixation2sale of alcohol imposes responsibilities on thos who would profitto reduce risk associated with sale a social expectation of responsibility3commercial hosts have an incentive to overserve which is something that needs to be counterbalancedAgreebut should the distinctions be enough to justify exclusion of a duty altogetherbeing better placed doesnt chanfe the nature of the risk itselfis it a matter of a higher standard of care or a matter of duty or no dutyAssuming the question is should there be a dutybut what if they DID knowwhat if they were wilfully blindwhat if they had pooled the contributions into a common barWhat connects strangers and creates a postive duty to act to prevent harm limit their autonomythree situations recognized alreadywhere a person invites another to take part in a risky activity eg Sports activityduty to exclude those who cannot safely take partwhere a personwebct slidesSCC said nothey were not liablejust because there is chance of danger does not demand interventionfor a social hostthere is a public interest questions can be is it a social problem or an individual problemTort Lawtool of an individualistic society inviduals suing one anothermeans for people to receive any compensation for any losses they have sustained restitutionestablishing a level of expectation in society about appropriate conduct so we live well togetherset standards for society and economy regulatortool for more personal retributiondirectto deter bad behaiour or risky behaviourOmbudsmanuseful to apply pressure on those with economic political or intellectual power independent check on regulators and public officials ie Policeweapon of social reform thalidomide cigarettes substandard car designs tainted blood challenge industrial decision
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