MGSC30H3 Chapter Notes - Chapter 6: Contributory Negligence, Vicarious Liability, Nervous Shock In English Law

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16 Apr 2015
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Tort is a wrong that does not depend on a pre-existing legal relationship such as contract or trust. Purpose of tort is to compensate the victim for losses arising from the wrong, not to provide punishment or retribution. Tort law apportions loss to: who suffers the loss, who cause then loss, a wider group who benefit from the activity that caused the loss, the society as a whole. Basic for liability in tort: fault: intentionally or carelessly disregard the interests of others, strict liability: does not require fault. i. ii. iii. If a causes harm to b, a may be liable even if a was not trying to harm b or careless. If a keeps dangerous substances on his land, and they escaped and harm b, a will be liable regardless of fault. If a involves in hazardous activities, a will be strictly liable for any harm caused by that activity: no fault scheme i.

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