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ENH 121 Unit 5 - Tort Law 2025

Unit 5: Tort Law ### Contents - The Nature of Tort Law - Common Fact Situations - Remedies - Lifecycle of a Lawsuit - Functions of Tort Law - Elements of Common Law Tort Actions - Relevant "Causes of Action" in Torts ### The Nature of Tort Law - Definition of Tort: A tort is a civil wrong recognized by law, distinct from breaches of contract. - Common Law Basis: - The Law of Torts is primarily derived from common law, meaning most rules and concepts originate from case law established by judges. - Some statutes exist that modify or affect tort law. - Type of Law: - Tort law is classified as type of "private law" or "civil law" (differentiated from the Quebec civil law system), focusing on disputes between individuals rather than societal welfare. - Governments can initiate tort lawsuits or be sued in tort. - Justice Framework: - Tort law operates on principles of commutative or corrective justice; if X harms Y, it is just to take from X to compensate Y, restoring them to the situation they would have been in had the harm not occurred. - Damages (monetary compensation) serve to rebalance the situation between the parties involved. - Comparison with Contract Law: - Similar to tort law, contract law is based on commutative justice which compensates for breach of a contractual promise in a manner analogous to tortious harm. - Tort law seeks to restore the plaintiff's position to before the harm was inflicted, while contract law seeks to restore the plaintiff to where they would have been had the contract been fulfilled. - Scope of Tort Law: - Primarily involves lawsuits rather than criminal prosecutions. - The plaintiff typically sues the defendant for damages. - The most significant area of tort law is negligence; other torts include trespass, nuisance, defamation, civil assault, false imprisonment, etc. - Individuals who commit torts are referred to as tortfeasors, and their conduct is described as tortious. ### Common Fact Situations Involving Tort Law - Who Can Sue?: Potential plaintiffs may vary based on the scenario, including environmental, workplace, or public health contexts. #### Environmental Scenario - Incident Description: - A facility may experience an accident with a hazardous material release, impacting the environment. - Lawsuit Basis: - Legal action typically arises when neighbors are affected rather than for the environment's own sake. - Environmental lawsuits often focus on personal interests rather than the environment itself. #### Occupational Scenario - Worker Injury: - If a worker is injured on the job, they may intend to sue the party responsible, often prohibited under Ontario's workers' compensation scheme. - Workers can sue if the wrongdoer is not their employer or a fellow employee, opting for a tort rather than compensation benefits. #### Public Health Scenario - Health Impact: - Similar to environmental scenarios, a health effect on the public from a hazardous release can prompt legal action. - Individuals, such as those suffering food poisoning, may sue establishments, such as restaurants. - Public Health Inspectors (PHIs) can be sued only if they acted in bad faith, while their employer (the Crown) may also be implicated in lawsuits. ### Lawsuit vs. Prosecution - Legal Proceedings Types: - Distinction exists between lawsuits and prosecutions; the Crown can prosecute under various statutes while neighbors or individuals can bring lawsuits. - Lawsuit Characteristics: - Primarily focused on private entities; potentially the Crown can sue to protect assets. - Burden of proof is on the plaintiff, with the standard established as "balance of probabilities" (51% certainty). ### Issues of Proof in Torts - Different pollutants have differentiated fates contingent upon their state (solids, liquids, gases, etc.), impacting the causation and proof. - Latency Issues: - There is a distinction between the time taken for materials to travel and the latency period before harm is observed. - Causation Complexity: - Plaintiffs may struggle to establish a successful case if harm arises from multiple potential causes. - Lawsuits for injuries are generally more feasible than for diseases due to difficulties in proving proximity of cause. - Tort Lawsuit Examples: - Potential lawsuits can arise from defective machinery, inspector negligence, or class action suits, among others. Legal action against employers is typically prohibited. ### Remedies in Tort - General Remedies: - Primary remedy sought in tort law is monetary damages, which aim to restore the plaintiff's original position prior to the tort. #### Injunctions - Alternative Remedies: - Injunctions may be sought in nuisance lawsuits to halt or modify ongoing harmful activities. - Types of Injunctions: - Prohibitory Injunction: Court orders the defendant to stop a specific action. - Mandatory Injunction: Court orders the defendant to take action to alleviate harm. - Scope of Loss: - Claims may include various types of losses: immediate harm, health issues, property use, business interruption, or customer harm, although only reasonably foreseeable losses can typically be claimed. ### Lifecycle of a Lawsuit #### Cause of Action - Decision to Sue: - Plaintiffs must align their lawsuit with a recognized "cause of action" and can argue multiple causes if applicable. #### Pre-Trial Proceedings - Claim and Defense Filing: - Plaintiffs serve and file a "statement of claim" while defendants serve and file a "statement of defense," both of which can be amended. - Discovery: - Pre-trial discovery entails document exchanges and witness examinations. This phase may lead to amendments or settlement attempts. #### During Trial - Trial Conduct: - Plaintiffs present first, followed by the defense, with opportunities for cross-examination at each stage. - Law of Evidence: - Evidence admitted must be relevant; specialized testimony from expert witnesses may be required. Hypothetical scenarios and hearsay are generally disallowed. - Judgment and Costs: - The judge decides the case based on evidence presented. Costs awarded typically do not align precisely with litigant bills, and plaintiffs risking costs for an unsuccessful suit may detrimentally affect outcomes. #### After Trial – Appeals - Appealing Decisions: - A losing party can appeal to a higher court primarily for errors in law; new evidence is rarely permitted. - Distinct Administrative Hearings: - Appeals concerning inspectors are subject to a “de novo” standard with full hearings of new evidence. ### Functions of Tort Law - Compensation: - Tort actions reimburse plaintiffs for damages (economic and psychic). - Compensation reflects the notion that those deserving of compensation must be legally recognized, otherwise losses are borne by the victim. - Deterrence: - Tort law discourages future harm by making individuals accountable for their actions (deterrent power). - Both personal deterrence (individual behavior modification) and societal deterrence (warnings against wrongful conduct) operate through tort judgments. - Education: - Tort judgments and legal proceedings can inform the public and specific industries about acceptable standards of conduct, potential liabilities, and best practices to prevent harm. - They highlight the risks associated with certain activities and foster a greater understanding of legal responsibilities. ### Elements of Common Law Tort Actions - Duty of Care: - The defendant owed a legal duty to the plaintiff to act in a certain way, usually to avoid causing foreseeable harm. - This is a foundational element, particularly in negligence cases. - Breach of Duty: - The defendant failed to meet the required standard of care, meaning they acted unreasonably or negligently given the circumstances. - Causation: - The defendant's breach of duty directly caused the plaintiff's harm. - There must be both "cause-in-fact" (but for the defendant's actions, the harm would not have occurred) and "proximate cause" (the harm was a foreseeable consequence of the defendant's actions). - Damages/Harm: - The plaintiff suffered actual harm, injury, or loss capable of being compensated monetarily. - Tort law generally does not recognize claims for purely emotional distress without accompanying physical injury or other recognized harm (though some specialized torts may differ). ### Relevant "Causes of Action" in Torts - Negligence: - The most common tort, involving harm caused by a failure to exercise reasonable care. - Key elements: duty, breach, causation, damages. - Trespass: - Direct and intentional interference with a person, land, or goods. - Trespass to Person (Battery, Assault, False Imprisonment): - Battery: Intentional direct physical contact without consent. - Assault: Intentional act causing apprehension of imminent harmful contact. - False Imprisonment: Intentional unlawful restraint of a person's movement. - Trespass to Land: Unlawful entry or remaining on another's property without permission. - Trespass to Chattels (Goods): Direct and intentional interference with personal property. - Nuisance: - Private Nuisance: Unreasonable and substantial interference with another's use and enjoyment of their land. - Public Nuisance: Unreasonable interference with a right common to the general public. - Defamation: - False statements that harm another person's reputation. - Slander: Spoken defamatory statements. - Libel: Written or recorded defamatory statements. - Intentional Infliction of Mental Suffering: - Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress. -