MGSC30H3 Study Guide - Midterm Guide: Res Ipsa Loquitur, Contributory Negligence, Vicarious Liability
Document Summary
Tort is a wrong compensates victim for losses arising from wrong. Basis for liability in tort: fault conduct that intentionally/carelessly disregards interest of others, strict liability does not require fault, can deal with dangerous substances and be responsible, no-fault schemes ontario automobile insurance/workers" compensation. ** disadvantage: provide compensation more often but less of it: vicarious liability employers liable for harm caused by employees in course of employment. A causes injury to b through careless act. Can also extend beyond person directly injured such as nervous shock. * standard of care reasonable efforts to avoid causing foreseeable harm. * causation must prove defendant actually caused accident. Check remoteness of the event if too rare/remote then cannot be held fully liable. Note: if injury happened regardless of negligence, no liability. Must take victim as you find them. Burden of proof: plaintiff must prove that defendant caused the injury. * res ipsa loquitur the thing speaks for itself.
