COMM 381 Study Guide - Midterm Guide: Fiduciary, Regulatory Offence, Vicarious Liability

• School: Queen's University
• Department: Commerce
• Course: COMM 381
• Professor: Philip Osanic

Document Summary

A civil wrong that unfairly caused someone else to sufer loss or harm resuling in legal liability for the person who commits the torious act, called a torfeasor. Tort law determines whether a person should be held legally accountable for an injury against another, as well as what type of compensaion the injury party is enitled to. For a tort claim to be well-founded, there must have been a breach of duty made by the defendant against the plainif, which resulted in an injury. The four elements to every successful tort case are: duty of care, breach of duty, causaion, injury. Proving a tort: does the duty of care exist, ann"s test i. Defendant had a duty to act or behave in a certain way. Plainif must prove that the behaviour demonstrated by the torfeasor did not conform to the duty owed to the plainif and resulted in an injury or loss.