Lecture Videos Part 2

VIDEO 4: TORT LAW PRIMER (PART 1 - INTRO TO TORTS) CIVIL OBLIGATIONS Civil law = law between private actors (contrast with criminal law) - In a civil society we owe one another obligations: To not cause injury (to person, property, or reputation) - TORT LAW To live up to obligations - CONTRACT LAW - In sum likely to be sued (have civil "liability" in any law other than "in tort" or in "contract (except some IP and property rights) - TORT LAW Tort law: a civil wrong - causing foreseeable injury to another person, property, or reputation intentionally or unintentionally Purposes of tort law: Compensation 1) (to some extent) deterrence and public policy 2) - Types of tort law: Negligence Professional liability i. Manufacturers liability ii. Occupiers liability iii. 1) Intentional torts Defamation i. Battery ii. Deceit iii. Others iv. 2) Breach of fiduciary duty 3) - VIDEO 5: TORT LAW PRIMER (PART 2 - NEGLIGENCE) NEGLIGENCE Carelessness! - Lecture Videos Part 2 Monday, September 11, 2023 11:44 AM
Causing foreseeable injury even if unintended "you ought to have known" 4(5) elements: Owe a duty of care 1) Breach duty of care (don't meet standard of care) 2) Causation of injury In fact (direct causation) i. In law (not too remote) ii. 3) Actual harm caused 4) - Specific Types of Negligence Occupiers liability: liability of property owners to visitors Manufacturers liability: liability of producers of goods to ultimate users (not just customers) Professional liability: higher standard of competence expected VIDEO 6: TORT LAW PRIMER (PART 3 - NEGLIGENCE CASES) NEGLIGENCE CASE #1 - PALSGRAF Duty of care To keep patrons free from harm while on platform 1) 1. Breach in duty of care Conducts conduct jeopardized safety of patrons 1) 2. Causation of injury In fact? - yes but for conductors actions, Mrs. P not injured 1) In law? - the big debate - was Mrs. P injury predictable? DECISION WAS IT WAS TOO REMOTE (COULD NOT BE PREDICTED) 2) 3. Actual harm caused? Yes - Mrs. P suffered massive personal injuries 1) 4.
NEGLIGENCE CASE #2 - MUSTAPHA SCC: Supreme Court of Canada OCA: Ontario Court of Appeal Not reasonably foreseeable that someone would suffer anxiety/depression from flies in water bottle so no causation - SCC decision - VIDEO 7: TORT LAW PRIMER (PART 4 - OTHER TORTS AND RELEVANCE TO BUSINESS OTHER TORTS Intentional Torts Defamation - lowering a persons reputation among reasonable people 1) Deceit - intentionally misleading 2) Battery - unlawful touching of another 3) Intentional Invasion of Privacy (seclusion) 4) Breach of Fiduciary Duty Those in a special relationship of trust - professionals, directors, holders of confidences - owe a duty of utmost good faith - Different then negligence - negligence about competence ; FD about honesty and integrit Example: acting in a conflict of interest = breach of FD - TORT LAW DAMAGES Special - reparatory (historical) costs 1)
TORT LAW DAMAGES Special - reparatory (historical) costs Example: medical costs 1) 1) General - speculative; future costs Pain and suffering 1) Lost future wages 2) 2) Punitive/exemplary (sometimes) Go beyond compensation 1) 3) ** damages typically higher in value than contract damages TORT LAW AND BUSINESS Business worries: High damages; potential class actions Vicarious liability: liability of employer for acts and omissions of employees - need for training and control mechanisms - Methods for lowering risk: Contractual limitations of liability (waivers) 1) Need to understand meet standard of care - especially where elevated (professional services, manufacture of consumer products) 2) Insurance 3) -
Uploaded by emmafairfield on coursehero.com