Class_6-_AFM_231final

Class_6-_AFM_231final - AFM 231 Tort Law- Negligence and...

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AFM 231 Tort Law- Negligence and other Torts
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Discussion Points Negligence Review of test Defences and related matters Other Torts Professional Services What is a professional Professional obligations- ethical & legal
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Tort Law- Damages Exceptions to compensatory damages Punitive damages Aggravated damages Relationship of contract and tort law Out of one event, may get both tort and criminal consequences Differences?: Who brings the action How do you prove the case What is the outcome
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Negligence- Test A duty of care is owed Forseeable Policy considerations Standard of care is breached Reasonable person Breach of standard of care caused harm “But for” Damages are not too remote Foreseeability (again)
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Negligence- Remoteness You can use an alternate phrasing: is the damage foreseeable? Thin skull rule – understand it as a rule that was created to address a perceived social need. Who should win? The very vulnerable. Pure economic loss. e.g. if the loss of use of the car leads to loss of a particular work contract. Generally no (with limited exception).
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Q. 2 P. 262 M invites co-workers over after work S drank a great deal including some drinking games M planned After the last game S drove herself home S has serious accident and she now wants to sue M
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Question Do you think that M should owe a duty of care to S? A) Yes, any host allowing consumption of alcohol should foresee too much being consumed B) Yes, because any host who expressly encourages alcohol consumption should assume some responsibility for it C) No, every person makes the personal choice to consume alcohol at a social event D) No, while too much consumption may be foreseeable it places too much of a burden on a social host to be responsible for it
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Negligence- Defences Always challenge proof of the legal elements of negligence wherever plausible Contributory negligence: what is it? After, “I wasn’t negligent for one or more of the four reasons required in the test”, this is the most common defence. Seldom one cause. Voluntary assumption of risk. Very rare. Most often in what kind of cases?
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Negligence- Related Concepts There are some causes of action that bear a significant relationship to the common law tort of negligence Negligent Misrepresentation Occupier’s Liability Both the traditional classification approach and the more recent legislated standard Bailment Some types of bailment establish an expection that reasonable care be taken by the bailee
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What was the legal mechanism used by the Defendant that resulted in the hearing and decision rendered by the Judge? a. Trial
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Class_6-_AFM_231final - AFM 231 Tort Law- Negligence and...

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