Chapter 10 - Introduction to Tort Law

Definition of Tort Law

• Tort Law refers to any harm or injury caused by one person to another, excluding breaches of contract, for which the law provides remedies.
• It aims to compensate victims through monetary damages.
• According to the Supreme Court of Canada: tort law allows for compensation for injuries caused by wrongful conduct of others.

Objectives of Tort Law

• Provide compensation for:
• Personal injuries (e.g., motor vehicle accidents, falls on dangerous premises).
• Damages to property (e.g., damage caused during an accident).
• Injury to business reputation or products (e.g., defamation and libel cases).
• Aim to remedy wrongs and alleviate the impact of the actions of others on victims.

Categories of Tort Law

• Tort law has evolved into distinct categories, each with specific definitions:

1. Trespass to Land

• Definition: Wrongful interference with another person's possession of land.
• Example: A person leaves their car in a parking garage without purchasing a ticket. The parking garage operator may claim trespass against the driver for occupying the space without permission.

2. Deceit or Fraud

• Definition: False representation made intentionally or recklessly by one person to another that leads to damages.
• Example: A customer buys a vehicle believing it has a new engine based on the vendor's false claim. The vendor is liable for deceit if the customer suffers loss due to reliance on the misrepresentation.

3. Negligence

• Definition: Addresses loss or injury due to another person's unreasonable conduct.
• Example: A taxi driver injured by another driver who makes an unsafe lane change demonstrates negligence. The offending driver is liable for the injury caused by failing to exercise the required care in their driving actions.

Conclusion

• Understanding the various torts is crucial for recognizing how the law addresses different types of wrongful acts and their consequences. Each tort has unique characteristics and requirements for establishing liability.