Torts CAN
TORTS CAN – FALL 2010 - GOOLD
Lecture 1: Introduction to the Law of Torts
Tort= area of law that deals with wrongdoing. Criminal=public wrongs, tort=private
Tort= law concerned w/ rights & remedies associated with legal relationships between individuals.
- What is wrong with this definition of torts? Fails to take into account key aspects of tort law.
Three ways to define torts:
(1) Areas of law recognised by courts as torts (e.g. the subjects in the syllabus)
(2) Area of law concerned with private wrongs other than contracts.
(3) In terms of its aims and objectives – i.e. compensating plaintiffs for private wrongs
According to Osborne there are three main differences between criminal and tort:
(1) Criminal=punishment, tort=compensation (DF must be worth suing! (Evaniuk v Manitoba)
(2) Protection: criminal=society, tort=private individuals
(3) Standard of proof: criminal=beyond a reasonable doubt, torts=balance of probabilities.
The differences between torts and contract:
(1) Source of primary obligations (tort=circumstances, contracts=imposed by parties themselves)
(2) The notion of privity – torts don’t need prior relationship/agreement.
(3) Purpose of compensation: tort=backward looking, contracts=forward looking
Lecture 2: The Foundations and Objectives of Tort Law
Why do we have torts? What is it that the law of torts sets out to do?
Descriptive Account – aims tort pursues and what tort does in practice
(1) Compensation: Most important function = compensate losses caused by unacceptable conduct.
Restore pf to prior position. Tailored to individual’s particular loss.
Reflective of a broader commitment to what is often referred to as corrective justice.
- Corrective justice views tort law as a system of first- and second-order duties:
(1) Duties of the first order are duties not to injure - establish norms of conduct.
(2) 2nd order: duty of repair from breach of 1st-order duties. Principle of corrective justice:
Lecture 1: Introduction to the Law of Torts
Tort= area of law that deals with wrongdoing. Criminal=public wrongs, tort=private
Tort= law concerned w/ rights & remedies associated with legal relationships between individuals.
- What is wrong with this definition of torts? Fails to take into account key aspects of tort law.
Three ways to define torts:
(1) Areas of law recognised by courts as torts (e.g. the subjects in the syllabus)
(2) Area of law concerned with private wrongs other than contracts.
(3) In terms of its aims and objectives – i.e. compensating plaintiffs for private wrongs
According to Osborne there are three main differences between criminal and tort:
(1) Criminal=punishment, tort=compensation (DF must be worth suing! (Evaniuk v Manitoba)
(2) Protection: criminal=society, tort=private individuals
(3) Standard of proof: criminal=beyond a reasonable doubt, torts=balance of probabilities.
The differences between torts and contract:
(1) Source of primary obligations (tort=circumstances, contracts=imposed by parties themselves)
(2) The notion of privity – torts don’t need prior relationship/agreement.
(3) Purpose of compensation: tort=backward looking, contracts=forward looking
Lecture 2: The Foundations and Objectives of Tort Law
Why do we have torts? What is it that the law of torts sets out to do?
Descriptive Account – aims tort pursues and what tort does in practice
(1) Compensation: Most important function = compensate losses caused by unacceptable conduct.
Restore pf to prior position. Tailored to individual’s particular loss.
Reflective of a broader commitment to what is often referred to as corrective justice.
- Corrective justice views tort law as a system of first- and second-order duties:
(1) Duties of the first order are duties not to injure - establish norms of conduct.
(2) 2nd order: duty of repair from breach of 1st-order duties. Principle of corrective justice:
Links: Key case in this area is Hunter v. Southam Inc. (1984). (2) FedCA in Ruby (2000) suggests s.7 may provide right to informational privacy –right to control access to personal info, on basis such control is vital for individual decision making and liberty.