*** HD LAWS1012 TORTS CASE SUMMARIES & BREAKDOWN OF STATUTE ***

Description

Includes concise case summaries of all cases in the course (including starred and non-starred cases). Each summary includes: fact summary; legal issues; ratio; principle Notes also include a breakdown of all relevant statute. Topics: TRESPASS Scope of tort law Historical Background Trespass to the Person False Imprisonment Action on the case for wilful injury NEGLIGENCE - DUTY Concept of a duty of care Public policy considerations negativing a duty of care Established categories of duty Duties to rescuers Difficult categories of duty Duties to third parties Duties re: psychiatric injury NEGLIGENCE - BREACH Standard of care Balancing considerations Objective standard and personal characteristics of the defendant Issues with a higher standard of care Temporal considerations Obvious risks and voluntary activities NEGLIGENCE CAUSATION Factual causation Scope of liability Intervening acts Failure to warn cases Impact of supervening and unrelated injury/illness NEGLIGENCE DEFENCES Voluntary assumption of risk Recreational activities Contributory negligence Plaintiff's unlawful conduct Intoxication ASSESSMENT OF DAMAGES FOR PERSONAL INJURY General damages Gratuitous services Possibilities and contingencies Vicarious liability Non-delegable duties Joint and several liability Compensation to third parties