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Related Flashcards
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Cards In This Set
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Negligence definition
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Negligence definition
- Finding someone has caused a tort by negligently causing damage or injury to another. Common sense should govern your conduct so that you do not do anything that could foreseeably cause damage or injury to others |
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Diff w/ private/public nuisance
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Diff w/ private/public nuisance
Private – interference with a person’s use and enjoyment of living area
Public – interference of the rights of many people
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THREE WAYS LIAB CAN BE IMPOSED:
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Negligence
nuisance breach of contract |
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Breach of contract
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Breach of contract
When a party to a contract fail to honour the terms of the contract they are in breach of the contract. Provides the injured party the of contract w/ a legal cause of action against the party that failed to perform.
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Hierarchy of precedent
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Hierarchy of precedent
- If more than one judgement is found w/ similar situation the court will follow the ruling by the higher court. |
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Diff between courts
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Diff between courts
- Small claims courts - County or district courts - Superior courts - Provincial appeals court - Supreme court of Canada (includes: Federal Court Trial Division and Federal Court of Appeal) |
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Nuisance
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Infringing on a person's right to enjoy and use his or her property
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Negligence
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Committing a tort by negligently causing damage or injury to another
most common way the law imposes liability |
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abc rule
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abc rule (to prove negligence was committed):
a duty of care exists
breach of duty occurred
casual relationship between the breach and damages is shown
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occupiers duty of care
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- Occupiers have the responsibility to keep premises safe for 3rd parties entering their premises.
o Trespasseris o Licensee o Invitee o Contractual entrant |
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o Trespasser:
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o Trespasser:
§ One who wrongfully enters someone else’s land w/ neither the right or permission to be there. Lowest level of duty is owed to the trespasser. § Trespasser must be treated w/ common humanity. Children usually more lenient as they might be drawn by “allurement” |
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o Licensee
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o Licensee
§ Enters land with consent. An occupier may have to let them know about any traps or danger. |
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o Invitee
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o Invitee
§ Enters with permission because occupier has some financial or material interest in the matter. Invitee owed the highest duty of care. i.e. a customer in a store |
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o Contractual entrant
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o Contractual entrant Carriss vs Buxton – if contract unwritten, then premises must
as safe for the purpose as reasonable care and skill on the part of anyone can make them. § Exp: hotel guest/movie goer. Contract may govern obligations of entrant’s safety, or if no formal contract it is implied. |
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Special types of damages awarded in negligence cases:
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- Nominal: awarded when plaintiff has right of action but has suffered no real loss. A nominal amount such as one dollar may be rewarded. Mostly for libel, slander, or false arrest cases.
- Punative/exemplary damages – awarded for punishment to the defendant where reckless or willful behavior is a factor. Usually not awarded if criminal justice system imposed punishment based on the same incident or when criminal trial resulted in acquittal. |
