Textbook Chapter 10.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Philip King
Semester
Fall

Description
Chapter 10 – Introduction to Tort Law Defining Tort Law  Tort: A harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy; COMPENSATION NOT PUNISHIMENT;  Distinct Categories:  Trespass to Land: Wrongful interference with someone’s possession of land  Deceit or fraud: A false representation intentionally or recklessly made by one person to another that causes damage.  Negligence: Unreasonable conduct, including a careless act or omission, that causes harm to another  Taxi driver is injured due to an unsafe lane change by another driver  Professionals give their clients incompetent advice that causes loss – breach of contract & professional negligence  Defective product – product liability  Bar over-serves a customer, it may be found negligent if that intoxicated customer is injured or causes injury to others  Imposed Liability Based on Fault  Example 1: A truck driver falls asleep at the wheel. As a result, his rig crashes into a parked car, causing substantial property damages – tort of negligence  Example 2: A truck driver – with no previous history of health problems – suffers a heart attack while at the wheel. As a result, his rig crashes into a parked car, causing substantial property damages – not negligent because the damage was not due to a careless act or omission (heart attack was not reasonably foreseeable or reasonably preventable).  Compensate an injured party when the injury is the result of someone else’s blameworthy conduct  Case: Jones V Shafer Estate, [1948]SCR 166 Factual Background: Jones was driving a oil truck long a high way and his truck had some serious problems. He pulled his truck to the side of the road and placed two oil-powered flares out on the road to alert other drivers when he left. Later, an unknown person stole the flares. A police officer was called and turned on the vehicle’s marker lights, and also left. The next morning was foggy and hardly visible, Mr. Shafer collided with the truck and was killed. Had the flares not been removed, they would have been burning at the time of the accident Result: There had been no negligence. Jones had shown a reasonable person’s care in this circumstance. He would not be able to predict that someone would stolen the flares. How TortsAre Categorized  Two groups:  Intentional tort:A harmful act that is committed on purpose  The following two are examples of physical harm in tort  Assault: the threat of imminent physical harm  Battery: Intentional infliction of harmful or offensive physical contact  Tort committed through negligence: When someone is negligent, she is liable for damages even though she did not intentionally cause the event. Tort Law and Criminal Law  The same event can give rise to two distinct legal consequences Type of action Commencing the Proving the action Outcome action Assault and battery Sam files a claim Sam must prove his A court orders Mike to as torts against Mike based ocase on the balance pay Sam the torts of assaultprobabilities compensation for his battery injuries Aggravated assault The Crown prosecutesThe Crown must A court orders Mike to as a crime Mike based on sectioprove its case beyonbe fined, imprisoned, 268(1) of the Crimina reasonable doubt or both. Code *Section 268(1) of the Criminal Code of Canada: “Everyone commits an offence of aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.” According to section 268(2), a person who commits aggravated assault “is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.”  Purposes of theActions  Criminal Prosecution 刑事检察:  Censure责难 behavior  Secure the punishment of a fine, imprisonment, or both  Tort Law  Compensate the victim  Commencing 开始 theActions  Criminal Law  Legal action is called a prosecution  Mostly, prosecution is brought by Crown prosecutors employed by federal or provincial govts  Rarely, it can be brought by the injured party  “Accused/defendant”– 打人的人, “complainant” – injured party  Tort Law  Legal action is called a civil action (enforcing a right belonging to an individual)  The injured party brings the legal action  “plaintiff” – 受伤的人 “defendant” – 打人的人  Providing theActions  Criminal Law:  Must prove the harm is intentional  The Crown had to prove that the injured party was not the aggressor, that even if he was, the response from accused was not reasonable in light of injured party’s actions; the accused did indeed use excessive force; that it was this force
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