Mos 2275 Chapter 10.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Desmond Mc Keon

Chapter 10: Introduction to Tort Law Defining Tort Law  Tort: Harm caused by one person to another, other than through breach of contract, and for which the law remedies  Tort-feasor: Person who commits a tort  Broken down into distinct o Trespass to land: Wrongful interference with someone’s possession of land o Deceit of fraud: False representation intentionally or recklessly made by person to another that causes damage o Negligence: Unreasonable conduct, including a careless act or omission that causes harm to another  Ex. A driver injured by another driver’s unsafe lane change  Ex. A lawyer or accountant giving their client incompetent advice (at the same time breach of contract)  Ex. A bar that over-serves a customer.  Tort laws do not automatically provide a remedy when a person is harmed. o The law must distinguish between a situation in which the law suffered an injured individual should remain and one in which responsibility for the loss should be shifted to another party considered responsible o While one may feel sympathy for one who suffered, the law does not provide a remedy for all circumstances. If damage caused was not due to a careless action or omission, there is no tort-feasor Category of 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 physical contact  Negligent tort: A harmful act that was not intentional Tort Law and Criminal Law  The same event can give rise to two distinct legal consequences: one in tort and one in criminal law  Purposes of the actions: o Purpose of criminal prosecution is: censure behaviour and secure punishment of a fine, imprisonment, or both o Purpose of tort law is to compensate the victim for the harm suffered due to the culpability of another.  Commencing the actions: o Legal action in criminal law is called prosecution  Usually brought by prosecutors employed by the federal or provincial government  Injured party is rarely brought o Legal action in tort law is brought by the injured party  Plaintiff: Party that was harmed  Defendant: Party that caused harm  Proving the actions: o To secure a conviction under 268(1) of the Criminal Code, the Crown must prove that:  Force was applied  It was intentional  It was so serious that it wound, main, disfigure, or endanger one’s life  (It was not self-defense). o Crown has burden of proof (prosecutor must prove all the elements of the offence beyond reasonable doubt) o In tort, the plaintiff must prove a civil case in which the plaintiff must convince the judge that there is better than 50% chance that he was harmed by the defendant. o Criminal case is much more difficult to prove, because it results in depriving persons of their liberty, and is generally considered far more serious. o Generally, a def
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