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Final

PO210 Study Guide - Final Guide: Mens Rea, Certiorari


Department
Political Science
Course Code
PO210
Professor
professor
Study Guide
Final

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PO 210 study guide- 5,7,8,9, 10, 11
1) Chapter 5---------
a. What is a Tort---- Be able to use all 6 off the part of tort in a case
analysis durig the exam know ur shit!
b. –deals with civil law(Private Law) wrongs not criminal law
c. Between two parties that does not effect the rest of society
d. Unintentional Torts- which would be negligence
e. Intentional Torts- when one partner intentionally does something to
other party ( Ratych v Bloomer (1990))
f. The purpose of tort law is to make the injured person recover to the
fullest that they were before the injury
g. The Plaintiff is the person who takes civil action and the defendant is
the person who is being tried
h. Tort law is based of balance of probabiltites
i. Crime and Torts coincide
i. Beating someone with a bat can be assault in the criminal law
and Battery in the tort law. Same as Break and entering in the
criminal law and trespassing is apart of tort law.
j. Categories of liability in Tort
i. Negligence
1. Failure to take reasonable care to prevent foreseeable
harm to another. ( Donoghue v Stevenson, (1932)
a. Lord Atkin said that a person owes a duty of
care to one’s neighbor
2. Proving Negligence in a case
a. Did the defendant owe the plantiff a duty of care
b. Did the defendate owe the plantiff a standard of
care? Was it breached?
c. Did this breach cause the plantiffs injury
d. Is the loss too remote from the breach
e. Was there contriubutory negligence by the
plantiff
f. Was there damages
3. Conditions for negligence Torts to be successful
( Walford v Jacuzzie Canada Inc)
a. Duty of care
i. One has a duty not to act in a manner
that would foreseeably hurt someone
else
ii. Fault on duty of care will be determined
by a reasonable foreseeability test in
which the courts examine the defendants
actions and attempt to determine
whether or not that person acted in a
prudent fashion

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iii. ( Donoghue v Stevenson, (1932)
-Lord Atkin said that a person owes a
duty of care to one’s neighbor. This is the
case where a snail gets into a beer bottle and
someone drinks it and then they sue. First
time negligence was brought up in Tort law.
b. Standard of Care
what a reasonable person in the same
situation would due.
oTwo stages
Standard of care the
defendant is required
to meet; also what
happens if a breach
occurs
Can the plaintiff
prove that there was a
breach of standard of
care. ( Stewart v
Pettie) a case where
the definition to a
reasonable person was
created
Generally, a FAILURE TO ACT is
not a tort unless there is a statutory
obligation to act
c. Injury and Causation
iv. Show the damage or injury the victim
sustained and prove that the injury was
directly caused by conduct of the
defendant
v. Causation to be proved the “but for test”
which determines if there is a close
causal connection between the action
and the injury.
d. Remoteness of damages and the Thin- skulled
plaintiff rule
Case where man gets hot molten
steel on his lip which leads to cancer
which then he dies. (Smith v Leech
Brian) (1962)
if the damages are too remote in law
to be recoverable, the plaintiff will
not be able to receive damages
e. Contributory negligence

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This the negligence that is
committed by the plantiff or the one
who got injured.
APORTIONING- the amount
determined to be given will be
counted using the negligence and
contributory negligence and
appropriately come up with an
amount.
f. Damages
Anyone who has suffered a lose
because of the defendants negligence
is awarded damages.
How has the plaintiff’s life changed
since the accident occurred.
ii. Intentional torts- actions that are willful and deliberate
1. Main types of intentional torts are
a. Trespassing( Assault and Battery)
i. Assault- Is the intentional creation in
the mind of another of a reasonable
apprehension of immediate physical
contact.
1. Assault in civil law refers to an
attempt at injury where no
physical contact takes place
ii. Battery- can range from shooting
someone to spitting on someone to even
pushing someone out of the way.. a kiss
may even be considered battery.
b. Intentional infliction of nervous shock
i. Must be a severe impact on mental
wellbeing of the plaintiff.
ii. The plaintiff must prove the creation of a
mental illness or disorder
iii. Plantiff must show that he or she did not
have a predisposition to shock
c. False imprisonment
i. Wrongful incarceration
1. example is the roommate gets
thrown in jail instead of the other
roommate who actually
committed the crime
iii. Unique torts
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