LAW 321 Study Guide - Final Guide: Contributory Negligence, Independent Contractor, Estoppel
21 Sep 2016
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Document Summary
A tort is a breach of legal rights, duties and liabilities arising from judge made law or statute. Torts are a breach of a legally imposed code of personal conduct. Tort is a private wrong- failture to fulfill private duty imposed by law. Defences to intentional torts:- consent, legal authority, self defence, necessity and provocation. Negligence is a careless act causing injury or damage to another doesn"t matter if they meant to cause damage or not. Donoghue v stevenson- liability for negligence extends beyond any obvious and recognized relationship between the parties. Negligence has 3 parts: 1) duty of care 2) breached the standard of care owed 3)as a result they suffered a loss. Defenses contributory negligence, voluntary assumption of risk, illegality and remoteness. Describes the duty of care of occupiers of premises in regard to person entering their premise s. 2: definitions [s. 1] Occupier is any person having possession of, control over, or responsibility for premises.
