BU231 Chapter Notes - Chapter 3: Qualified Privilege, Partial Defence, Product Liability
Document Summary
Tort: a wrongful act causing harm to the person or property of another. Purpose of tort law is to compensate(not punish) victims for harm caused by the activities of others. Pla(cid:272)e i(cid:374)ju(cid:396)ed pa(cid:396)t(cid:455) (cid:271)a(cid:272)k i(cid:374) the positio(cid:374) he (cid:449)ould"(cid:448)e (cid:271)ee(cid:374) had the to(cid:396)tious a(cid:272)t (cid:374)ot o(cid:272)(cid:272)u(cid:396)(cid:396)ed. Determines in which circumstances the person who causes an injury must compensate the victim. One way of apportioning loss, just like insurance and government compensation schemes. Cause of action: legal basis for why the defendant did something wrong (ex: breach of contract) Pleadings: documents that parties file that set out what the case is about: statement of claim = plaintiff party that started the lawsuit, statement of defense = defendant party being sued. Dissent: appeal cases only different judges seeing a case differently. Decisions are made but do(cid:374)"t (cid:271)e(cid:272)o(cid:373)e the la(cid:449) Binding: decisions of higher courts that are binding to lower courts not binding across provinces.
