Ch 10 Tort Law.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Frederick King

Tort Law 10/16/2012 6:58:00 AM Chapter 10 Defining Tort Law  Describes any harm or injury caused by one person to another for which the law provides a remedy o Other than breach of contract  Torts are broken down into distinct categories o Trespass to land – involves wrongful interference with someone’s possession of land  Not buying and putting a ticket in you car window when in a paid parking lot o Deceit or fraud – a false representation intentionally or recklessly made by one person to another that causes damage  When a car salesman claims a car has a new engine when it doesn’t o Negligence – compensates someone who has suffered loss due to the unreasonable conduct of another  One of the most common torts  When a driver makes an unsafe lane change that results in an accident, they are considered negligent  The law of torts does not automatically provide a remedy when someone has been injured in some way o One of the key objectives of tort law is to distinguish between a situation in which the loss should remain uncompensated or if the fault should shift to the responsible party (the tort- feasor) Categorizing Torts  Intentional tort – a harmful act that is committed on purpose o Assault – the threat of imminent physical harm o Battery – intentional infliction of harmful or offensive contact  Torts committed through negligence – when someone is liable for damages even though they did not intentionally cause the event  A tort event can also lay in matters of criminal law o Purpose of criminal prosecution is to censure behavior and secure the punishment of a fine, imprisonment or both o Commencing the actions – legal action is called a prosecution and is brought most often by Crown prosecutors employed by the federal or provincial government o Proving the actions – the Crown must prove that force was applied, that it was intentional and that the actions were potentially life threatening 
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