LAW 122 Lecture Notes - Contributory Negligence, Criminal Law, The Injury
Document Summary
"person" includes corporations, which are legal persons: a tort is a failure to fulfill a private duty imposed by law (common law or statute, e. g. the occupiers" liability. Act) for which the law provides remedies: a breach of duty under a contract is not a tort. Negligence: occurs when the defendant causes the plaintiff to suffer a loss or injury. Contrast with an intentional tort: an action intentionally undertaken by a person causing injury or damage to another. Duty of care: exists if the defendant is required to use reasonable care to avoid injuring the plaintiff: at the heart of the negligence claim is the requirement for a duty of care. If a duty of care is not present, the injured or damaged party cannot sustain a claim for negligence against the party that caused the injury or damage: what is duty of care: Test to determine existence of duty of care.