LAW 204 Chapter Notes - Chapter 4: The Injury, Malicious Prosecution, Shoplifting
9 Mar 2021
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Strict liability: most but not all tort liability is based upon fault, strict liability applies in only a few areas, ex. It seems logical that a person knowingly undertaking an inherently dangerous activity should be strictly liable for resulting of damage, regardless of fault. Why: because that person could charge for his services according to the degree of risk and could carry adequate insurance to compensate for possible harm done to others. In canada, strict liability is most often imposed through legislation. In absence of legislation, canadian courts typically consider fault to be the primary basis of liability: the expected level of care rises as the danger increases. Intentional torts: torts may be intentional or intentional. Intentional torts are those where the activity or conduct is done deliberately, not by accident: unintentional torts are those where the behaviour itself is accidental and not done deliberately. Initiated by the defendant: without reasonable or probable grounds, with malic or other improper purpose.
