Intentional Torts and Types
Types of intentional torts include:
Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Recklessness
Functions of Tort Law Cours
Remember,
ex ante: the effect that decisions in this case will ahve on future behaviour (punish the tortfeasor).
ex post: ignores future behaviour, observes equitable distance between two parties (compensation of victims).
2 Functions of Tort Courts:
1) Determine Liability: who pays
2) Damages: how much they pay.
Tort Law Approaches in Economics
In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Pictures of Your Slip & Fall
What’s perhaps the greatest asset when seeking adequate compensation for a slip or fall injury? Quite simply it’s pictures. A picture in this case would be worth a 1000 words. Pictures from multiple angles, with measurement tools or comparison objects, close ups, even a landscape shot, there’s no shortage of how many pictures you can take of a scene.
Help yourself build a case by ensuring your ‘evidence’ is substantial. Read the rest of this entry »
Just a Number with Insurance Companies
We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.
To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.
But what happens if you need to make a claim?
Pleading in Civil Action in Canada
Pleadings function to include written statements of the parties to an action, served by each party in turn on the
other, and filed in court, which set forth in a summary form the material facts on which each party relies in support of the claim or defence, as the case may be.
By the time the pleadings are closed, there will be a precise definition of the issues between the parties.
There are 3 fundamental principles of pleading:
Read the rest of this entry »
Commencement of Civil Action in Canada
Generally one has to go through a checklist of issue identification to verify that your legal problem is something capable of starting in Queen’s Bench. that checklist would inclue:
Conditions Precedent (will depend on who you are suing)
Limitations on Right of Action
Suspension of Right of Action
Extinction of Right of Action
All whilst considering: Choice of Venue & Change of Venue
Service of Process – SERVING A DOCUMENT MEANS GIVING IT TO THE OTHER PARTY INFORMING THEM THAT YOU ARE GOING TO SUE THEM.
The Symptoms of Whiplash and Possible Side Effects
Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.
What if the xray ‘says’ there’s nothing wrong?
Post courtesy of Calgary injury lawyer Brian Conway.
When your involved in a collision you may discover that your injuries aren’t necessarily obvious in the first wave of diagnostics. You should be aware that certain tools, such as x-rays, may not tell the whole story about your your injuries.
You want to ensure that your injuries have been properly diagnosed so you are aware of the level of compensation you should be entitled to.
Don’t forget about specific Section B benefits
Post courtesy of Calgary injury lawyer Brian Conway.
Depending on your province there are certain benefits that your insurer has to pay to you after you’ve been in a car accident. Your (often referred to as the ‘Section B’ insurer) has to pay certain benefits. Generally speaking, there are both income loss and medical expense benefits that are potentially payable. An often overlooked entitlement under the Section B benefits in Alberta is the right to claim $135 a week if you are not employed and are unable to perform your household duties. This is often referred to as the ‘homemaker’s benefit’. The relevant section of the policy reads as follows :