BU231 Chapter Notes - Chapter 4: Malicious Prosecution, Vicarious Liability, False Arrest
Document Summary
Objective is to compensate victims for harm caused by other parties. Punishment charged by the government=criminal law ie murder. Tort: identifies a set of circumstances that creates a right to claim compensation. Before used strict liability liability that is imposed based upon causation regardless of fault. Tort law involves 2 principles: the fault of the defendant(whether the behavior was improper), and the causation of harm( that is whiter the plantiff"s injury was the result of defendants conduct) Fault: unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others. People are more inclined to be careful as a result deterrent effect. Sometimes, when fault is not established, plaintiff goes uncompensated and sometimes may get too overcompensated if established. In canada strict liability is implemented through legislation. Expected level of care rises as danger increases. Economic, social, and political considerations or objectives that are believed to be beneficial to society as a whole.
