Business 4000 Chapter 3The Law of Torts

1
Business 4000Chapter 3 The Law of Torts

• Torts Definition and Purpose
• a wrongful act done to the person or property of
  another
• Role of tort law is to compensate victims for
  harm suffered from the activities of others
• Compare to criminal law where one purpose is to
  punish offenders
• Potential for confusion as same act may
  constitute a tort and a crime e.g. drunk
  driving
• Instrument for apportioning loss
• A civil wrong

2
Business 4000Chapter 3 The Law of Torts

• The Basis for Liability
• For the most part, tort liability is triggered by
  blameworthy or culpable conduct intentionally
  or carelessly disregarding the interests of
  others a.k.a. fault
• Examples of other approaches
• Strict liability for escape of dangerous
  substances
• Statutory compensation schemes like no-fault
  insurance and workers compensation
• Also must consider vicarious liability the
  liability of an employer for harm caused by an
  employee acting within the course of his/her
  employment

3
Business 4000Chapter 3 The Law of Torts

• Intentional Torts
• Some listed under the heading Other Torts
• Tort law is continually changing and expanding
  list is not exhaustive
• Inducing breach of contract
• Deceit
• Conversion
• Public nuisance
• Private nuisance
• Trespass
• Assault
• Battery
• False imprisonment
• False arrest

4
Business 4000Chapter 3 The Law of Torts

• Torts A General Framework
• 1. Has a tort been committed?
• a. Elements of offence (e.g. False Imprisonment)
• b. Defences (e.g. Defamation)
• 2. Any subsequent aggravating conduct on the part
  of the Plaintiff? (contributes to the extent of
  original injuries e.g. failing to undergo
  surgery)

5
Business 4000Chapter 3 The Law of Torts

• 3. What remedies are available? (recall purpose)
• a. Compensatory damages
• i. Special damages (quantifiable injuries)
• ii. General damages (speculative/non-pecuniary)
  
• b. Restitution Order (restore property
  conversion)
• c. Injunctive relief (mandatory or prohibitive)
• d. Punitive or Exemplary Damages (exception to
  compensatory purpose)

6
Business 4000Chapter 3 The Law of Torts

• Negligence
• the careless causing of injury to the person or
  property of another
• Intention pretty much irrelevant
• Example of how tort law will provide a remedy in
  the absence of a contractual relationship e.g.
  Donahue v. Stevenson (pp.58-59)

7
Business 4000Chapter 3 The Law of Torts

• Negligence An Expanded Framework
• 1. A. Duty of Care
• Did the defendant owe the plaintiff a duty of
  care?
• Could the defendant reasonably foresee a risk of
  harm to someone in the plaintiffs position?
• B. Standard of Care
• Did the defendant meet the standard of care
  required of him/her given the utility of the
  activity and the risk and severity of harm?

8
Business 4000Chapter 3 The Law of Torts

• C. Causation
• Did the defendants conduct cause the plaintiffs
  injury?
• Negligence must be the proximate cause of the
  injury without intervening events (see
  Illustration 3.2)
• D. Remoteness of Damage
• Defendant only liable for the sort of damages
  that is reasonably foreseeable (see Wagon Mound
  versus Hoffer decisions, p. 54)

9
Business 4000Chapter 3 The Law of Torts

• E. Plaintiffs Contributory Negligence
• Did the defendants own conduct contribute to
  his/her injury?
• Loss will be apportioned between the parties in
  accordance with their respective degree of
  responsibility