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Tort_and_Contract - Contracts and Torts Presented by Jeremy...

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Presented by: Jeremy T. Lovell January 29, 2007
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What is a tort? The legal system in Canada and B.C. Torts. Contracts.
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A “civil wrong”, other than a breach of contract, committed by one individual against another. Redressed through an award of damages (moolah). Distinct from criminal law, where the state punishes the wrongdoer. Also a fancy cake.
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Inherited from Britain. Mix of statutes and common law.
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Acts passed by the legislature I.e., government made law Federal E.g., Copyright Act Provincial E.g., Engineers and Geoscientists Act
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“Judge-made” law Develops and derives through judicial decisions (precedent) Authority derived from usages and customs of immemorial antiquity Evolved into bodies of law, including tort and contract
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Statutes and the common law affect one another. Judges interpret statutes. Statutes can modify common law. E.g., Limitation Act Common law Statute
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A “civil wrong”, other than a breach of contract, committed by one individual against another. Redressed through an award of damages. Distinct from criminal law, where the state punishes the wrongdoer.
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Intentional Battery Trespass Unintentional Nuisance Negligence
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The area of tort law which has the most impact on professionals is the law of negligence.
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The principles of negligence are adaptable to new activities.
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There are three essential elements that a plaintiff must prove in order to establish negligence: the defendant owed the plaintiff a duty of care ; the defendant breached that duty of care through action or inaction, which fell below the standard of care ; the defendant’s breach caused the injury to the plaintiff.
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour .
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