LAWS 2201 Study Guide - Final Guide: Young Offenders Act, Precedent, Coverture
Document Summary
Tort: any civil wrong examples: negligence, nuisance, intrusion, and defamation. Ltd. : limited liability you can limit your liability by using ld, lp, ltd. Cause of action: legal basis for being in court (recognized in law) Legal personality: right to sue or be sued including corporations and individuals (except minors and incompetents) Duty not to harm your neighbour duty of care. Neighbour = anyone or anything reasonably foreseeable harmed. Cause of action = duty/breach/damages: duty, breach, damages. Special: payment out of the other party"s pocket for missed work. General: no maximum $ cap for sentimental value. Remedy: restutio in integrum to make the person whole again. If proven, you may receive: due to the infraction by your conduct. To prove a tort, you must prove: there needs to be action taken which for example could be for the defendant to sue the plaintif. Henderson: believes judges should add empathy when making decisions.
