NEGLIGENCE AND OTHER TORTS

LAW INTERACTIVE SEMINAR

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DEFENCES FOR NEGLIGENCE

Contributory Negligence: When the victim’s actions caused all or part of the damages suffered


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

The three most common types of situations in which negligence regards Motor Vehicles, Occupier's Liability and Professional Institutions.


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


False Imprisonment: Unlawful physical restraint or detention


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