LWZ116 Lecture Notes - Lecture 1: Rsa Insurance Group, Lightning, Malicious Prosecution
Lessons 1-2 Torts
2017
A tort is a civil wrong based upon a breach of a duty or obligation imposed by law. The law of Torts is
concerned with determining the circumstances where the person who caused that harm, as a matter of
fact, will be liable to compensate the person who suffered that harm.
‘A tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists where
the law says it exists’. Angus v Sun Alliance Insurance (1988) 52 DLR (4th) 192
Factors Affecting Tort Liability:
1) Moral Aspects of the Defendant’s Conduct:- The moral guilt attached in the eyes of the society, the
motives of the defendant and his state of mind, provides a key factor is determining tortious
liability. If the defendant has acted in moral turpitude, it is more than likely that the court will find
tortious liability.
2) Historical Context and Development:- In understanding that there is going to be a liability, it is
critical to appreciate the history.
3) Convenience of Administration:- Courts cannot remedy all wrongs in the society, particularly given
the limited resources at the court’s disposal. Thus there should be some limits to the types of
wrong that are judicially determined. As a general rule only the more serious types of injury will
lead to a tortious liability.
Trivialities must be left to other means of settlement, and many wrongs which in themselves are flagrant – ingratitude,
avarice, broken faith, brutal words, and heartless disregard of the feelings of others – are beyond any effective legal
remedy, and any practical administration of the law. Prosser, Handbook of the Law of Torts (4th ed, 1971)
4) Capacity to Bear Loss:- Rather than individuals, it would be more appropriate to shift the capacity
onto a bigger defendant for e.g. a corporate entity.
‘Rather than leave the loss on the shoulders of the individual plaintiff, who may be ruined by it, the courts have tended
to find reasons to shift it to the defendant. Probably no small part of the general extension of tort law to permit more
frequent recovery in recent years has been due to this attitude.’ Prosser, Handbook of the Law of Torts (4th ed,
1971)
5) Prevention and Punishment: By making a strong statement, we might stop other injuries from
occurring. E.g. negligence at work place.
Types of Negligence:-
•Medical Negligence
•Public Authority Liability
•Misrepresentation
•Professional Negligence
Common elements of Torts:
Tort law is about both conduct and consequences, and in particular focuses on:
1. The nature and culpability of the Defendant’s conduct; and
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Document Summary
A tort is a civil wrong based upon a breach of a duty or obligation imposed by law. The law of torts is concerned with determining the circumstances where the person who caused that harm, as a matter of fact, will be liable to compensate the person who suffered that harm. A tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists where the law says it exists". Angus v sun alliance insurance (1988) 52 dlr (4th) 192. Factors affecting tort liability: moral aspects of the defendant"s conduct:- the moral guilt attached in the eyes of the society, the motives of the defendant and his state of mind, provides a key factor is determining tortious liability. Thus there should be some limits to the types of wrong that are judicially determined. As a general rule only the more serious types of injury will lead to a tortious liability.
