COMM 381 Study Guide - Final Guide: Posting Rule, Rescission, Condition Subsequent
3 Apr 2016
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Document Summary
Tort: wrong, improper behaviour of one person that causes injury to another. Four categories of tort: negligence, intentional torts, nuisance and fiduciary duty. Put them back to the same position monetarily had the harm not occurred. Negligence: careless causing of injury the person of property or another. Elements: must prove all 4 things: always objective (facts) not subjective (opinion). On balance of probabilities: owed plaintiff a duty of care: relationship so close must take reasonable steps to avoid harm. Is there a sufficiently close relationship that it is foreseeable. Duty of care is owed when it is reasonable foreseeable harm. Anns test: first must be foreseeable, then consider policy implications: future civil duty if the law is passed. Courts don"t want to stretch duty of care. Standard of care: must take reasonable care to prevent injury. Was it reasonable behaviour: breach caused harm, direct causation: defendants wrongful conduct directly caused plaintiffs injury.
