ENG 3000 Study Guide - Final Guide: National Technical Research Organisation, Fundamental Breach, Tort
23 May 2016
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Intro (legal concept + brief history of the legal concept) Analysis ( d/p + relationship between them + conditions ) Case #1: provincial life of ontario v architect v engineering company. Torte law exits when there is a duty of care and a contractual relationship isn"t necessary. Three key principles apply ( 1. duty of care 2. breach of care 3. damages), mention of. Engineer < provincial life (customer) > (supplier) architect [design + build a building] (client) >(supplier) engineering company. Defendant: architect [contract or torte], engineer, vp, engineering company (codefendants) [torte] {vicarious liability, deep pockets theory} Engineering company owed a duty of care. Duty of care failed and was foreseeable. 1- where there any limitations to liability? if so would we enforce limitations 2-time? within 2 years of discovery and 15 years of actual conditions. 3- gross misconduct? if we can nd evidence for an intentional)
