Business 4000 Chapter 3 The 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 plaintiff�s 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 defendant�s conduct cause the plaintiff�s 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. Plaintiff�s Contributory Negligence Did the defendant�s own conduct contribute to his/her injury? Loss will be apportioned between the parties in accordance with their respective degree of responsibility