Negligence and Other Torts CLU 3MR Lesson 26

Negligence and Other Torts Learning Goal: Use knowledge of negligence to interpret significant cases Note and discussion about negligence Complete 2 case studies with this new information

Negligence The action is unintentional It is unplanned An injury results This is the most important area of tort law Carelessness that results in injury justifies compensation

Examples: Someone slips on your sidewalk, car accidents, defective problems, medical malpractice If no one is hurt, and nothing is damaged, there is no liability

Intentional Torts When someone deliberately causes harm Assault and battery, false imprisonment Trespassing, causing a nuisance, defaming a person’s reputation

Intent Intent is the true purpose of an act Throwing a snowball… it is forseeable that someone could be injured… therefore, if someone is injured, it is an intentional tort

Elements of Negligence Look at the chart on page 391 Duty of Care… plaintiff must show that the defendant owed the plaintiff this Court must then determine if this duty of care was breached What would a ‘reasonable person’ do? There is an expected ‘standard of care’

Children cannot be judged by the same standards as an adult “reasonable person” Tort liability of minors is unclear The older the child, the greater his/her responsibility When doing adult activities (driving) they are expected to provide the duty of care expected by adults

Foreseeability “Would a reasonable person in similar circumstances have foreseen the injury to the victim as a result of his or her action?” “Yes” then fault and liability exist “No” then there is no liability

Causation A connection must be made between the negligent act and the resulting injury This is causation Each case is judged on its own facts Actual Harm or Loss Real harm must have occurred

Burden of Proof Burden of proof is on the plaintiff Must prove negligence, liability, causation, and actual harm Proof exists on the ‘balance of probabilities’ What most likely occurred

Tasks: The First Negligence Case(page 396) Mustapha v Culligan of Canada Ltd. (page 397)