Tort Law Essay

tort regulation

INTRODUCTION TO LEGISLATION OF NEGLIGENCE……………………………………………......... 4 Buchan v. Ortho Pharmaceutical (Canada) Ltd Hollis v. Dow Corning Coloracao

Tobacco Atteinte Cases in Ontario

(1) THE DUTY OF CARE: GENERAL PRINCIPLES………………………………………………..... six (a) An Introduction to the Concept of Duty……………………………………………………... 6

(i) General Duty of Care Test…………………………………………………………….. 6 Donoghue v. Stevenson (sets away general neighbor DoC)

(ii) Development of the present day Law Notion of Duty……………………………………. 7 Nt - Modern Law of Duty and Canada

(iii) Anns and the Supreme Courtroom of Canada……………………………………………... 7 Cooper v. Hobart (clarifies Anns test)

Nt - Odhavji v. Woodhouse, Bella sixth is v. Young

(b) Foreseeable Risk of Injury……………………………………………………………………. 8 Moule sixth is v. N. B. Elec. Electric power Comm'n

(c) The Foreseeable Plaintiff Test………………………………………………………………... 8 Palsgraf v. Long Island Ry. Co.

John Capital t. Noonan, People and Masks of the Regulation (1-ii) NONFEASENCE: DUTIES OF AFFIRMATIVE ACTION………………………………………9 (a) An intro of Nonfeaseance…………………………………………………...... ………9

(b) The Duty to Rescue……………………………………………………………………………. on the lookout for

Osterlind v. Hill (no duty to rescue)

Matthews v. MacLaren; Horsley sixth is v. MacLaren (expectation of rescue shifting)

(c) The Duty to Control the Conduct of Others………………………………………………... 10 Test House

Crocker v. Sundance Northwest Places Ltd. (broadening of alcoholic beverages liability)

Stewart v. Pettie (alcohol-related the liability is refined here)

Alcohol License Action, s. 39

Hunt sixth is v. Sutton Motivation Realty (employer resp. of intoxicated employees)

Childs sixth is v. Desormeaux (social hosts not really resp)

(d) The Duty of Police Officers………………………………………………………………….. 12

Jane Doe versus. Metro Barcelone Comm. of Police (Duty to act widened with police) Hill v. Chief Constable of Western Yorkshire

Tarasoff v. Regents of the University of California (1-iii) SPECIAL OBLIGATIONS OF CARE…………………………………………………………………….. 13 (a) The Duty of Care Owed to Rescuers………………………………………………………... 13

Horsley v. MacLaren

(b) Duties to the Uncreated, unbegotten, unconceived – some categories…………………………………………………………14

Dobson v. Dobson

(c) Stressed Shock………………………………………………………………………………... 12-15

Rhodes v. Canadian Countrywide Railway

Good v. Celestial satellite

Bechard sixth is v. Haliburton Estate

Mason versus. Westside Cemeteries

Anderson sixth is v. Wilson

Vanek v. Wonderful Atlantic & Pacific C. of Canada

(2) THE CONVENTIONAL OF CARE…………………………………………………………………………17 (a)The Reasonable Person Evaluation (Common Law Standard of Care)………………………….. 18 Arland versus. Taylor

(b)Factors Considered in Determining Break of the Standard of Care…………………….. 17

Bolton v. Stone (probability and severity)

Rome v. Stepney Borough Council (severity)

Vaughan v. Halifax-Dartmouth Bridge Comm. (cost of risk avoidance)

Law Property v. Simice (cost of risk avoidance w/medical forum)

Watt v. Hertfordshire (social utility)

U. S. sixth is v. Caroll Towing Co (an economic research of the SoC)

(c)Special Standards of Care……………………………………………………………………20

Fiola v. Cechmanek (SoC pertaining to mental disability)

Joyal v. Barsby (SoC for children)

White versus. Turner (SoC for professionals)

Buchan v. Ortho Pharmaceutical (Canada) Ltd (SoC for med manufact) Hollis v. Dow Corning Cor (SoC intended for med manufact) (d) The Role of Custom………………………………………………………………………….. twenty-two

Ter Neuzen v. Korn

Girard sixth is v. General Medical center of Interface Arthur

(3) CAUSATION…………………………………………………………………………………………... twenty three

(a) Deciding the Cause-in-Fact – the But-For Test………………………………………... 23 Barnett v. Chelsea & Kensington Hospital Mgmt. Cttee (but-for test)

Qualcast (Wolverhampton) Limited. v. Haynes (but-for test)...

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