A plain language, comprehensive explanation of each and every legal term used in the law of personal injury and tort.
Contrary to what bakers would have you believe, torts are not edible. They are bad things; ow-ies. When someone intentionally or by being negligent, and hurts you, the theory has it that you can sue and receive compensation.
A must-read for any bar owner. From the local pub, the Jones’ annual Christmas Party to the beer in the locker room after a hard fought old-timers hockey game, any amount of alcohol sets off a ticking time bomb of liability.
The pedestrian does not always have the right of way.
There has to be a logical or rational link between the action or negligence of a person and the alleged damages caused to his victim, for a claim in tort to stick; the damages would not of hapenned but for the tort. This area is called "causation" and in this article, we explore the deep end.
Liability for personal injury and other torts caused by children: parents, guardians, babysitters and guardians listen up!
"you rotten $%#(%*%)!" You say it, you pay it. Few torts occur more frequently than defamation. Of course, I have never unjustifiably insulted anybody but you ... YOU! This article looks at the balance between free speech and put-downs and insults, known to the lawyer as defamation, libel or slander.
The law protects those who have to make defamatory statements during the course of judicial proceedings .... sort of!
"The Crown is subject to all liabilities in tort to which, if it were a person of full age and capacity...." So says almost all provincial law including this wording from the Proceedings Against the Crown Act (Ontario) at s. 5. Crown liability is now a commonly accepted principle of law but it has not always been so as the hiding-place of "Crown immunity" has been formidable rabbit hole to ferret from.
Some torts are intended, such as an assault. In those events, the plaintiff's burden may seem easier than, say, a claim based on negligence. However, intentional torts come with a unique legal briefcase chock full of defences, which gives these claims at law their own twisty and complex roadmap.
When an overzealous or bit nutty madman starts cranking out complaints about ya, ya gotta know how to fight back! Don't start a feud with a nutcase - ...
Medical liability is a very complex area of the law pitting an impossible occupation in terms of result(s) against tort law demands that tries to strike a balance between profession-specific negligence and reasonable patient expectations.
Over each of us, lawyers, judges and yes- even you guys out there! – hovers an arrest warrant lest we ever show, in the opinion of a certain other, a lack of competence to care for oneself.
"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour. You must take reasonable care to avoid acts or ommisions which you can reasonably foresee would be likely to injure your neighbour." (Donoghue vs. Stevenson, a 1932 English case.)
A person's enjoyment of their property ends when they interfere with their neighbours. A simple concept but as elsewhere in the law, an area where legal theory rules the deep-water of its seas. "Nuisance" is the pretty little word the law uses to capture that area of tort law concerned with the interference of other people's property by one's own things.
Beware shop owners, restaurant owners and all others ... including any little "Mom and Pop" firm with a shingle out. Occupiers' liability can choke yo...
The rare but devastating tort of passing-off occurs when one merchant atempts to mislead patrons or consumers in having them believe that his products...
The accident shouts negligence, such as falling objects that injure; a rebutable presumption tort law sets upon certain patterns of fact, and which cr...
There are few cases with more Jerry Springer appeal than the cases which must decide whether the insult de jour is defamatory or not. So find out how you can call anyone a cheap bastard, an old maid or an illiterate half-baked crank and maybe get away with it!
How to write a defamation claim requires a level of detail not generally required in other tort claims. Read this as a necessary primer and to reduce the real risk of having your defemation claim thrown out for lack of particulars.