CramX Logo
RegisterLog in
Introduction to Torts and Negligence - Document preview page 1

Introduction to Torts and Negligence - Page 1

Document preview content for Introduction to Torts and Negligence

Introduction to Torts and Negligence

The Introduces torts and negligence, explaining civil wrongs, intentional vs. unintentional torts, the reasonable person test, duty of care, causation, damages, and defenses like contributory negligence and voluntary risk assumption.

Mason Bennett
Contributor
0.0
0
11 months ago
Preview (22 of 71 Pages)
100%
Log in to unlock
Page 1 of 22
Introduction to Torts and Negligence - Page 1 preview imageIntroduction to Torts and Negligence
Page 2 of 22
Introduction to Torts and Negligence - Page 2 preview imageTortsA tort is a "civil wrong." In other words, it's a private party injuringanother physically, financially or economically because of theirwrongful action."Crimes" are social wrongs that affect society. It's possible for the sameaction to be both a crime and a tort."Breach of Contract" happens when there is a contractual relationshipbetween parties. Torts don't require a contractual relationship.
Page 3 of 22
Introduction to Torts and Negligence - Page 3 preview imageIntentional and Unintentional TortsTorts that are done intentionally. Assault, battery, stealing, trespass,etc. are all intentional acts.Negligence is failing to be careful and causing injury to others as aresult. This is an "unintentional tort."Even though someone was unintentionally hurt, there was still anelement of wrongdoing.
Page 4 of 22
Introduction to Torts and Negligence - Page 4 preview imageObjective (reasonable person) andSubjective Tests
Page 5 of 22
Introduction to Torts and Negligence - Page 5 preview imageThe Reasonable PersonWe will spend a lot of time discussing what is "reasonable" or what a"reasonable person" would have done."Reasonable" has a specific legal meaning. The "Reasonable Person"test is what an impartial, unbiased, objective person of ordinaryintelligence would know or consider.This is also known as an "objective test."
Page 6 of 22
Introduction to Torts and Negligence - Page 6 preview imageSubjective testA "subjective test" determines what the actual person involved did orknows given the circumstances. This is an uncommon test.For example - the law is not concerned with whether you personallythink it's safe to text and drive (subjective test). It's concerned withwhat you should know or do (objective test): would our reasonableperson of ordinary intelligence and caution think it's safe to text anddrive?
Page 7 of 22
Introduction to Torts and Negligence - Page 7 preview imageExampleLuke decides to disconnect from society. He goes out in the wildernessfor two months without telling anyone. While Luke is away, BC Hydro(the electric utility company in BC) sends a letter to Luke saying his billis overdue and he must pay soon or get his electricity disconnected.When Luke returns home, he finds his electricity disconnected. He latergoes to Small Claims Court over the re-connection fee and says that heshould not have to pay the fee because he was not aware of theoriginal warning letter BC Hydro sent.Explain what the outcome of the case would be if the court followed ana) subjective test and b) a reasonable person test.
Page 8 of 22
Introduction to Torts and Negligence - Page 8 preview imageExampleA "reasonable person" would know that they will receive mail regardingtheir utilities. Therefore, the judge makes Luke pay in the objective test.In the "subjective test", the judge will say that Luke did not in fact knowabout the disconnection fees, so shouldn't pay.In the majority of cases, we will use the objective test.
Page 9 of 22
Introduction to Torts and Negligence - Page 9 preview imageMisfeasance vs. NonfeasanceA misfeasance is a positive act that causes harm to someone else(intentionally or not). Examples include:• A paramedic misapplying treatment.• An accountant making mistakes on someone's tax return.A nonfeasance is a failure to act entirely.• Failing to help someone bleeding at the side of the road.• Failing to call the police when you identify a drunk driver.
Page 10 of 22
Introduction to Torts and Negligence - Page 10 preview imageMisfeasance vs. NonfeasanceIt is dramatically easier to find liability when someone engages in apositive wrongful act (a misfeasance).Courts value individual autonomy and hate forcing someone to take apositive action absent a good reason. Finding someone liable whenthey committed a nonfeasance requires establishing a legal relationshipbetween those two people. That relationship is called a "duty of care."
Page 11 of 22
Introduction to Torts and Negligence - Page 11 preview imageNegligenceNegligence is an unintentional tort. Negligence occurs when you have alegal obligation to be careful to someone else, you weren't careful, andthis caused them to get hurt.The fundamental moral wrongdoing in negligence is the creation of adangerous situation or unnecessary risk. Examples:• Texting and driving• Not salting your sidewalk in front of your business
Page 12 of 22
Introduction to Torts and Negligence - Page 12 preview imageMisfeasances and NonfeasancesRecall the default state of the law: you do not generally owe obligationsto strangers to act in their best interests. You're allowed to walk past adrowning person (assuming no relationship with them)Negligence is the law that says if you have a relationship (a "duty ofcare") with a person you must be careful towards them.Examples:• People driving cars owe an obligation to pedestrians.• Lifeguards owe an obligation to people swimming in their pool.
Page 13 of 22
Introduction to Torts and Negligence - Page 13 preview imageMisfeasances and NonfeasancesThat duty of care is much easier to establish in the case of misfeasancesthan nonfeasances. It is easy to establish a relationship when anaccountant makes a mistake on your taxes or a doctor applies thewrong treatment. It is hard to establish a relationship when a teacherfails to report a school bully and the bully hurts someone else.
Page 14 of 22
Introduction to Torts and Negligence - Page 14 preview imageElements of Negligencea)A duty of carei)Reasonable foreseeabilityii)Proximityiii)Public policyb)Breach of the dutyReasonable person testc)Causation"But for" testd)DamagesActual damages
Page 15 of 22
Introduction to Torts and Negligence - Page 15 preview imageDuty of CareA duty of care is a special relationship. It is the obligation to be carefulto someone else.You do not need to know the person, have any relationship, or knowthey even exist. But you still have an obligation towards them to becareful.Analyzing whether a duty of care exists can be difficult.
Page 16 of 22
Introduction to Torts and Negligence - Page 16 preview imageEstablished Duty of CareA lot of court cases have already been decided about when arelationship exists. If previous courts have already established anobligation exists, you no longer need to do a "duty of care" analysis.Some duties of care are obvious. Examples include:• Elementary school teachers have a duty towards their students.• Manufacturers of a car have a duty towards car users.In this course we will focus on non-obvious duties of care.
Page 17 of 22
Introduction to Torts and Negligence - Page 17 preview imageDonoghue v Stevenson, [1932] AC562This case was the foundational case establishing negligence law. It alsooriginally established the formulation of the duty of care, which is stillinfluential today.Donoghue's friend wanted to treat her, so they went to a cafe together. Atthe cafe the friend purchased a bottle of ginger beer. Donoghue drank thebottle only to find a decomposing snail near the bottom. She became ill.Donoghue couldn't sue in contract, and so negligence law was developed inresponse. Lord Atkin said the following about the duty of care:
Page 18 of 22
Introduction to Torts and Negligence - Page 18 preview imageDonoghue v Stevenson562, [1932] AC"The rule that you are to love your neighbour becomes in law you mustnot injure your neighbour; and the lawyer’s question 'Who is myneighbour?' receives a restricted reply. You must take reasonable careto avoid acts or omissions, which you can reasonably foresee would belikely to injure your neighbour.""Who, then, in law, is my neighbour? The answer seems to be - personswho are so closely and directly affected by my act that I oughtreasonably to have them in contemplation as being so affected when Iam directing my mind to the acts or omissions which are called inquestion."
Page 19 of 22
Introduction to Torts and Negligence - Page 19 preview imageA memorial to the case at the former site of the cafe.Lairich Righe "snail in the bottle" case, Wikimedia Commons, Accessed Jan 28, 2023,https://commons.wikimedia.org/wiki/File:The_%22snail_in_the_bottle%22_case_(geograph_3492515).jpg
Page 20 of 22
Introduction to Torts and Negligence - Page 20 preview imageDuty of Care TestI.Is there reasonable foreseeability?II.Is there reasonable proximity?III.Is there a public policy reason not to create a duty of care?
Page 21 of 22
Introduction to Torts and Negligence - Page 21 preview imagei. Reasonable ForeseeabilityReasonable Foreseeability Test:If it would be apparent to a reasonable person that the conduct waslikely to cause injury, a duty is owed.
Page 22 of 22
Introduction to Torts and Negligence - Page 22 preview imageBolton v Stone,[1951] AC 850People were playing cricket in a field. Only "6 times in the last 30 years"were balls able to escape the field because of the build of the field andfence.A ball left the field and hit Ms. Stone. She sued, stating (paraphrased)that because the ball had been known to go outside the field 6 times in30 years, that the risk was "reasonably foreseeable," and the battershould be liable in negligence.
Preview Mode

This document has 71 pages. Sign in to access the full document!

Study Now!

X-Copilot AI
Unlimited Access
Secure Payment
Instant Access
24/7 Support
Document Chat

Document Details

Subject
Civil Law

Related Documents

View all
Past Exams

Property Law Drill 1 Ownership, Property Types, an

Past Exams

Property Law Drill 4 Marital Property, Land Owners

Past Exams

Property Law Drill Ownership, Family Code, and Sta

Class Notes

Case Analysis of Soji and Parental Duty

Class Notes

Undue Influence in Contract Law Key Cases and Clas

Class Notes

Assessment 2 Job Hazard Analysis JHA

Solved Assignments

Assessment 1 Long Answer Question

Class Notes

Introduction to Law and Key Concepts and Principle

Solved Assignments

CIV 3702 Assignment 1

Solved Assignments

Final Project Milestone One Malpractice Case