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General Engineering
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LAW NOTESLECTURE 1 Introduction2 main braches of LawCriminalstate vs accusedCommonjudge made law2 sources of law LegislationFederal or Provincial Legislations statutesregulationsCommon case lawjudge madeCivil Lawabout a party bringing an action for a personal remedy of some kindDefinitionsTorta legal wrong which entitles you to some sort of remedyIntentional Tortex Assault and battery oDefamationAn intentional tortThe reputation of the victim is damaged publicly by untrue statements made by the tortfeezerSlanderUntrue verbal statementsLiableUntrue written statementsUnintentional Tortex NegligenceTort Law The goal of tort law is to compensate the victim whom had been wronged not to punish the tortfeezerEXAM PREVIEWNegligence hypothetical questionGiven the facts of a case describe all relevant material covered in the notes give legal justification and plausible decision Identify as negligenceunintentional tortIdentify the tortfeezerIdentify the plaintiffs piPNoteAt one time only one defendant at a time was allowedUnder current laws 1 or more defendants may be liable to the plaintiffConcurrent Tortfeezers2 or more defendants liable to the victim Vicarious LiabilityAn employer is responsible for the torts committed by their employees during employmentwhy is it there To compensate the victim not punish the tortfeezerAlso gives responsibility to the employer companyNote Civil Cases have lower standards to hold the accused responsiblesee OJ The central test for establishing negligenceBalance of Probabilities In tortnegligence law the plaintiff must prove three key factors on a Balance of ProbabilitiesIEach Defendant owed the Plaintiff a DUTY OF CAREIIEach Defendant Breached that DUTY OF CARE STANDARD OF CAREIIIPlaintiffs injuries are a direct result of the breach of the duty of care casual connectionNote The Balance of Probabilities is the roadmap for analyzing negligence hypothetical problems and must be included in examination responseA closer LOOKDuty of Care Is it reasonably foreseeable that the plaintiff could be injured as a result of the defendants action lack of actionStandard of Care Plaintiff must prove that the defendant failed to meet the expected or reasonable standard of care Breached the duty of careNormally experts in the field of question may testify as to what is the reasonable amount of careIf the Plaintiff can prove the first two factors in the Balance of Probabilities and also show that the injuries physical or monetary are a result of the defendants lack of care then the defendant is liable to the plaintiffDamages is the amount of money awarded to the plaintiff for their injuryphysical financial The next decision is to determine how much the defendant is liable forThe Plaintiff is said to be entitled to reasonably foreseeable damagesNote If more than one defendant is found liable the liability is divided by the courts amongst the concurrent tortfeezers PLEASE SEE THE HYPOTHETICAL OILI MESSI CRUDDI
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