INTRO TO TORT LAW

Question 1

Define Tort:

Answer 1

a tort is a civil wrong done to a person’s body, property or reputation

Question 2

Primary purpose of Torts is:

Answer 2

Compensation

Question 3

In a torts case, one looks for fault or liability, not ____

Answer 3

In a torts case, one looks for fault or liability, NOT GUILT!

Question 4

2. Describe and explain the legal concept of “Duty of Care” as it relates to Canadian Tort Law.

Answer 4

The duty of care is a fundamental principle in negligence cases. It refers to an individual or a group’s responsibility to have reasonable care for another party, to avoid causing unnecessary harm to others. There are 5 key area elements to duty of care in tort law.

Duty of Care: Was a duty of care owed? In order to find this out, the “Anns Test” must be used.
The Anns Test is broken down into 2 parts.

Firstly, we must see if there is reasonable foreseeable harm. Could a reasonable person predict that their actions would cause harm? We must almost examine the proximity of the relationship between the parties. If both foreseeability and proximity are met, a prima facie (initial) duty of care exists.
Secondly, we look at public policy. The court considers policy reasons for not imposing liability, such as: Would it create too many lawsuits? Would it negatively impact the legal system? Would it make people overly afraid to act? If the court decides that allowing the lawsuit would cause more harm than good, they may deny liability even if a duty of care exists. Would acknowledging this duty of care cause harm for society?

Standard of Care: The defendant is expected to act as a reasonable person would in similar circumstances. Professionals (e.g., doctors, accountants) may be held to a higher standard based on their expertise

Breach of Duty: If the defendant fails to meet the required standard of care, they may be considered negligent

Causation: The claimant must prove that the defendant’s breach of duty directly caused their injury or loss

Damage: The claimant must show that they suffered actual harm, such as physical injury, financial loss, or emotional distress