Tort Liability

Tort Liability - TORT LIABILITY - legal action to determine...

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TORT LIABILITY - legal action to determine responsibility for compensation for loss suffered
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TORT LIABILITY - a private or civil wrong or injury - often involves negligence - may arise independently of any contract existing - may arise from: - auto accidents - transport of hazardous cargo
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Tort Liability . . . FUNDAMENTAL PURPOSE: - to compensate victims of tort - punishment of wrongdoers is NOT a purpose of tort law (punishment: - for criminal activities, through the Criminal Code of Canada) Engineers providing services to
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Tort Liability . . . PRINCIPLES OF TORT LAW: - for compensation to be awarded, it must be established that: - the defendant owed the plaintiff a duty of care - duty was breached by conduct - defendant's conduct caused the injury
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Tort Liability . . . Engineer's Standard of Care: - expected to use an ordinary and reasonable degree of skill, care, diligence, . . . - should know whether or not the work will succeed - need not be an extraordinary degree of skill
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TORT LAW DEVELOPMENT: - decomposed snail in ginger beer (manufacturer found liable, being expected to take reasonable care re freedom from defects likely to cause injury) [Donoghue v. Stevenson ,1932]
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Tort Liability - TORT LIABILITY - legal action to determine...

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