THE TORT OF NEGLIGENCE
The tort of negligence is really about a standard of conduct.
When someone is liable in negligence they are liable in having failed in living up to the
required standard of conduct which is applicable to all activities in society. B
Date: May 2, 2014
Citation: 2014 FCA 110
ATTORNEY GENERAL OF CANADA
FIONA ANN JOHNSTONE and CANADIAN
HUMAN RIGHTS COMMISSION
WOMEN'S LEGAL EDUCATION AND
ACTION FUND INC
1. The irony is that sometimes you can anticipate that there is a risk of harm and you take
measures to prevent it and if those measures are insufficient you will still be liable. The
reasonable person standard has been increasing.
COMPONENT PARTS OF THE CONSTITUTION:
1) Articles of incorporation (constitution of a company): if you want to change it you
need a 2/3 majority of every class of shares, including the above and any restriction on
the type of business that can be carried o
a. A partner may not sue the partnership, although there may be actions between the
b. A partner may not be an employee of the partnership
c. The separate assets of each partner, whether a corporation or an individual, are at
CONSTITUTIONAL AMENDMENT PROCESS
Did not create a new constitution.
Significant changes came from the amendment process.
The process became wholly domestic.
Section 92 Provincial legislature was able to make amendments to their constitution as
long as it
Duties of the principal to the agent:
Remuneration: an agent has the right to be paid by the principal. Can be specified in
contract, if not then paid by quantum meruit: you are entitled to be paid
Reimbursed for expenses (42;45)
A LIMITED PARTNERSHIP
Clients are more sophisticated, not willing to accept the word of the
professionals, and tend to be more litigious; they are more demanding and
aggressive towards professionals,
Professionals now are insured and theres a tendency for court remedies
THE NATURE OF TORTS (NOV 5)
Torts are the first category of liability and are defined by the textbook: is concerned
with the ever expanding variety of harm suffered by individual incident to all activities
necessarily carried on in our increasingly comple
Separate entity principle: a corporation is a separate person from the investors (investor
shareholders), because so, the investors are not responsible for the actions of the
corporation, gives limited liability to the shareholders. The investors can't b
Prepared by Jennifer Dundas
Lisa Fainsteins Section
Choses in possession: things you can hang onto. Moveable personalty.
Choses in action: intellectual property, cheque, contract, goodwill, stocks.