1. Negligence and Other Torts
CLU 3MR
Lesson 26

2. 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

3. 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

4. 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

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

6. 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

7. 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’

8. 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

9. 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

10. 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

11. 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

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