Tort Law

Tort

A civil wrong, other than a Breach of Contract, for which damages may be sought to compensate for any harm or injury sustained 

Omission

A failure to act

Plaintiff

the party who commences a lawsuit (the suing party).

Defendant

the party who is sued in a lawsuit (the person accused of an offence)

Tort Action

a lawsuit based on a Tort 

Vicarious Liability 

liability imposed on one party (often an employer) for the harmful actions or omissions of another (often an employee).

Joint Liability

arises in situations where there are two or more tortfeasors (e.g., Partners in a Firm)

Contributory Negligence

A doctrine that allows Courts to hold the Plaintiff partially responsible for their own injuries, which can reduce any compensation.

General Elements of a Tort

1. Wrongful Act

2. Causation

3. Quantifiable Harm

Wrongful Act (Element of Tort)

An intentional act or omission or a Breach of a Duty of Care owed to the plaintiff by the defendant

Causation (Element of Tort)

The wrongful act of the defendant caused the harm

Quantifiable Harm (Element of Tort)

The harm is measurable in a manner recognized by the law

Intentional Torts

actions by individuals or businesses that intentionally cause harm to others

Assault

A tort in which the defendant threatens the plaintiff with physical harm

Battery

A Tort in which the defendant engages in unwanted physical contact with the plaintiff

False imprisonment

A tort in which the defendant unlawfully restricts the freedom of the plaintiff

Defamation

A tort based on harm to a person’s or a business’s reputation through false statements made by the defendant 

Libel

Defamation in written form (permanent form)

Slander

Defamation in verbal form

Passing Off

a tort based on one party’s attempt to distribute its own knock-off product or service on the pretense that it is the product or service of another party

Inducing Breach of Contract 

a tort where a Third party provides a remedy in cases where a breaching party has been induced to commit the breach by that Third Party.

Unlawful Means (Tort)

a tort based on intentional harm, through illegal acts, to a party’s means of earning money.

Unintentional Torts

Torts that occur because of careless or negligent actions that cause unintended harm to people or businesses.

Product Liability

Tort that occurs when a manufacturer carelessly designs,produces, or distributes goods that injure a member or members of the public

Occupiers’ Liability

Tort that occurs when a business carelessly fails to keep its premises safe for its customers and other visitors to enter.

Professional Negligence

Tort based on a professional’s failure to provide services that meet that profession’s standards

Fiduciary Duty

an enhanced Duty of Care that flows from a relationship of special trust, such as that between a doctor and patient. 

Negligence

A Tort in which a Business or individual commits a careless act that results in Unintended harm to another. It is the failure of a person to act reasonably, resulting in harm to someone else.

Injunction

A court order requiring a party to discontinue an action or prohibiting a party from taking a proposed action.

Elements of Negligence

A Plaintiff must prove:

1. The Defendant owed them a Duty of Care;

2. The Defendant breached the Standard of Care;

3. This breach caused the Plaintiff’s loss or injury;

4. The defendant should have foreseen the Plaintiff’s loss or injury.

Duty of Care

The legal duty owed by one person to another based on a relationship or on the doctrine of foreseeability.

Standard of Care

The degree of care that a person must take to prevent harm to others.

Reasonable Person

A fictional person who, in Negligence Law, applies the appropriate Standard of Care in a given situation. Used to determine the Standard of Care.

“But for” test

A legal test for causation that asks: "'But for' the actions of the Defendant, would the harm have occurred?"

Foreseeability

The expectation of whether a reasonable person could predict that a certain result might follow from their actions.

Strict Liability

Liability that the Court imposes on Defendants without the need for proof that the Defendants intended to cause harm or that they were Negligent.

Example of Strict Liability

A person who makes a "non-natural" use of their land (e.g., storing large quantities of water or chemicals) is liable for any damage to neighbouring lands caused by the escape of that thing, even without negligence (from Rylands v. Fletcher).

Trespass to Land

A Tort in which the Defendant, without the permission of the Plaintiff, comes onto land occupied by the Plaintiff.

Nuisance

A Tort in which the Defendant interferes with the use and enjoyment of the Plaintiff’s property (e.g., through sounds, smells, fumes, vibrations, or pollution).

Burden of Proof

The Plaintiff's responsibility to present evidence showing that a particular Tort occurred, the Defendant was responsible, and the Tort resulted in quantifiable harm.

Balance of Probabilities

A Standard of Proof in Civil Law indicating that one version of events is more probable than another.

Voluntary Assumption of Risk 

A defence available to Defendants who can prove that a Plaintiff voluntarily and knowingly put themselves in a risky situation and thereby assumed responsibility for their own fate.

Waiver of Liability 

An acknowledgement of the risks in an activity and an agreement to assume the risks.