Types of intentional torts include: Battery – unwanted intentional touching Assault – threat of battery Intentional infliction of mental suffering Intentional interference with chattels (theft) Recklessness
Category Archives: Legal Resource
Introduction to the Tort of Negligence
Here are some introductory points on the tort of negligence. The Elements of a Negligence Action – Remember, the plaintiff usually has the burden of proving the first five, while the defendant has the burden of proving the sixth. 1. Duty of Care (limiting step) – there are policy considerations that can lead to the …
Definitions of Administrative Law (Canada)
Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute. Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals …
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Jus cogens
A type of custom that cannot be avoided. E.g. a persistent objector cannot opt out of a jus cogens norm. Jus cogens is in contravention on a strict positivist approach because it does not seem to based on state consent because states are bound by these norms even if they do not consent to them. …
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.
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.
What are Treaties? (Canada)
States can make treaties and international organizations can make treaties. For example, there is a treaty between the UN and Cambodia to establish the special criminal tribunal. What are treaties? Treaties are instruments that establish international rights and obligations. Treaties go by many names: conventions; memorandums, etc. at the root at ii if it’s a …
Federal Courts Act and Rule of Law (CANADA)
Federal Courts Act s 2(1): “federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prereogative of the Crown, other than the Tax Court of Canada …
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Two main approaches to international law: positivism and naturalism
Historically, there are two main approaches to international law: – Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law …
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The difference between a treaty and declaration.
A treaty has signed participants who pass legislation pursuant to it. A declaration is just the UN declaring something. You can determine which one equates to quicker application. There is a Doctrine of state continuity which means if a state signs a treaty, even if there is a major change of government, the state is …
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