Académique Documents
Professionnel Documents
Culture Documents
Illegality
The courts should refuse to entertain a lawsuit brought by a
party who engaged in unlawful activity.
Ex turpi causa, non oritur actio = an action does not arise
from a base cause
ex turpi causa applied to prevent injustice
Special Situations
Legislation
Human rights acts and privacy legislation may impose new
obligations on people, but violations of these obligations do not
amount to a tort unless the act says they do.
No fault Program: by which people are treated the same and
compensated for their injuries whether they were at fault or not.
Non-pecuniary damages (damages based on non-monetary
factors): passed controversial legislation setting a threshold for
physical injury that must be met before, as pain and suffering can
be awarded.
Strict liability
Tort law generally requires the demonstration of fault, but
there are some situations where liability will be imposed even
where there is no fault on the part of the defendant who has
acted completely reasonable.
Strict liability distinguished from those situations where fault
is required.
If a person brings something inherently dangerous, such as
stored water or explosives, onto his property and it escapes,
the occupier is liable for any damage.
Strict liability will be imposed if the unusual use of the
property
Vicarious liability , employer is being held responsible for the
wrongful acts of an employee even though the employer has
done nothing wrong
Occupiers liability
In common law, people who occupy property have a special
obligation to people who are injured on their property.
This obligation rests on the occupier, not the owner.
Invitee: a person coming on a property for a business purpose.
Licensee: a person coming with permission, but for a nonbusiness purpose.
Trespasser: a person there without permission
For trespasser, most jurisdictions retain the common law minimum
obligation not to willfully or recklessly cause them injury.
Anne case prove which law? According to anne case you can get
what .
Case study
1, Describe the plaintiff and defendant
2. Brief overview: what happened?
Claims: damages for personal injuries
Main concern of the trail was on the issue of liability
3. Relate to the lecture. Negligence
4. Examples
5. Issues:
Duty of care -- did they breach the duty of care? What is the
defendants situation within the case?
6. Plaintiffs action. Did the plaintiff contribute to the liability?
7. The judges reasoning
Compare to the precedent cases
8. Do you agree?