Download Tort Overview - Tort Law - Lecture Notes and more Study notes Law in PDF only on Docsity! Tort Overview • Torts fall into two classes: intentional and unintentional. • Negligence is the most important and best-known part of tort law. • A duty of care, foreseeability, and the "reasonable person" are important concepts in negligence. • The plaintiff must prove his or her tort action on the balance of probabilities. • Contributory negligence and voluntary assumption of risk are the main defences to negligence. • Occupiers of property must take reasonable care to make their property safe for visitors. • Occupiers must take extra precautions to protect children from accidents around allurements such as swimming pools and playgrounds. • Everyone from bar and restaurant owners to private citizens hosting parties in their homes could be sued if someone is harmed by a drunk driver leaving any of these places. • The driver of a motor vehicle is liable for the safety of passengers. • Contributory negligence may exist when passengers in motor vehicles don't wear seat belts. • Vicarious liability holding a blameless person responsible for the misconduct of others- affects liability for motor vehicle owners and employers. • Doctors must receive informed consent before they touch any patient unless the patient is unconscious, or to save a life. • Trespass to a person, such as assault and battery, is a common intentional tort. • Trespass laws protect the possession and use of property, while nuisance laws protect the quality of that possession and use. • Consent, self-defence, defence of others or property, legal authority, and necessity are the main defences to trespass to a person or land. • Defamation of character may take the form of slander or libel. • Truth, absolute and qualified privilege, and fair comment are the main defences for defamation. • The purchase of various types of insurance helps protect against expensive lawsuits. Review Key Terms Name the key terms that are described below. a) a person's failure to exercise reasonable care that results in harm to others b) intentional physical contact harmful or offensive to another person c) using land in a way that interferes with another's enjoyment and use of neighbouring land d) holding a blameless person responsible for another's actions e) to enter another's property without consent f) a person who has control over property and owes visitors a duty of care g) true purpose; the person's state of mind that causes him or her to perform an action h) defamation in printed or other more permanent form i) defamation in oral form j) the obligation to ensure that others are not harmed by one's actions k) an object that attracts, such as a swimming pool I) the fact of being the cause of something that happened m) a defence against defamation in which the defendant shows comments were made without malicious intent n) the principle that a plaintiff may not recover damages for harm from risks to which he or she consents o) the ability of a reasonable person to anticipate what might occur from his or her actions Docsity.com
