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Unformatted text preview: C HAPTER 10 I NTRODUCTION TO T ORT L AW Objectives After studying this chapter, you should have an understanding of: • the broad scope of tort law • the differences between a civil action and a criminal action • the purpose of tort remedies • how business can manage its potential liability in tort Learning Outcomes • Understand the difference between intentional torts and negligence (pages 224) • Understand the difference between a civil action and a criminal action (pages 225) • Understand the purpose of the damage award (page 211) • Understand what is included in pecuniary and nonpecuniary damages (pages 231) • Understand the concept of vicarious liability (pages 227) • Understand how a business can manage its tort risk (pages 234) Chapter Summary Business activity may unintentionally cause harm to another person. The injured person may decide to bring a tort action against the business to recover damages for the harm suffered. This is different from a criminal action where the wrongdoer will be punished for causing harm. The purpose of the tort action is to compensate the victim for the injuries. The victim can recover money for lost earnings, the cost of future medical care and out-of-pocket expenses, for pain and suffering and loss of enjoyment of life. In rare instances, the court may order a payment for punitive damages to punish the wrongdoer, or aggravated damages for humiliation. The wrongdoer may raise the defence of contributory negligence by proving that the injured party is at least partially responsible for the harm. However, it is no defence for a business to claim that harm was caused by its employee, since employers are vicariously responsible for the harm caused by employees in the normal course of business. It is virtually impossible for a business to prevent all harm. However, a risk management plan can help a business to minimize or transfer risks. © 2008 BY NELSON, A DIVISION OF THOMSON CANADA LTD. PART 3: BUSINESS TORTS Outline Use this outline to prepare a complete set of notes for this chapter. Tort – page 221 ______________________________________________________________________ ______________________________________________________________________ How torts are categorized _________________________________________________ ______________________________________________________________________ Intentional tort_______________________________________________________ Assault __________________________________________________________ Battery __________________________________________________________ Negligence _________________________________________________________ Tort Law and Criminal Law – page 225 ______________________________________________________________________ ______________________________________________________________________ Purposes of the actions ___________________________________________________ ______________________________________________________________________ Commencing the actions__________________________________________________...
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