NEGLIGENCE AND OTHER TORTS
LAW INTERACTIVE SEMINAR
DEFENCES FOR NEGLIGENCE
Voluntary Assumption of Risk: The acceptance of factors that may lead to harm or injury
Inevitable Accident: Act of God, Force Majeur
SPECIAL TYPES OF NEGLIGENCE
MOTOR VEHICLE NEGLIGENCE:
- Example: Sean lends Nora his car, she accidentally crashes it into someone injures the driver, Sean is held accountable under Vicarious Liability for Motor Vehicle Negligence
OCCUPIERS LIABILITY
- Example: Sean is hosting a get together with his friends, Sean is automatically responsible for the safety (to some extent) for his guests
- Three types of people that fall under Occupiers Liability:
1. Invitees
2. Licensees
3. Trespassers
Professional Negligence
- Example: When a pharmacist dispenses the wrong medication that may bring harm to a patient
- Dentists, Engineers, Lawyers should all practice some type of standard of care
- Two types of medical malpractice include: negligence and failure to get patient's informed consent
KEY TERMS
Negligence: A careless act that causes harm to another
Nuisance: An unreasonable use of land that interferes with the rights of others
Tort involves: personal property, pets, sports an individual play’s, personal freedom and reputation
Duty of Care: A specific legal obligation to not harm other people or their property
Standard of Care: The level of care expected of a person in specific circumstances
Reasonable Person: The standard used to determine if a person’s conduct is negligent
KEY TERMS
Defamation of Character and Its Defences: False statement that damages another person’s reputation and may cause financial damage
Slander: Is defamation through spoken words, sounds, gestures, or facial expressions
Libel: Occurs when someone is defamed in a more permanent visual or audio form
Truth: An action will fail if the defendant can show that statements are absolutely true and justified
The Need for Insurance: People purchase liability insurance to protect themselves against the possibility of expensive legal actions
Motor Vehicle Liability Insurance: Someone injured in a vehicle accident can claim special and general damages
Qualified Privilege: A defence against defamation for expressing honest opinions as part of a job
Absolute Privilege: A defence against defamation for statements made in legislative and judicial proceedings