Functions of Tort Law Cours


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.

Liability aspects to consider include:

1) Duty of Care: did defendant owe a duty of care?
2) Causation: did your actions cause the accident?
3) Standard of Care: did the parties exhibit a standard of care? If no, then they are negligent.
4) Liability: If party did take standard of care. If they are not negligent they are not liable most of the tiem.
5) Onus of Proof: Who’s responsibility to prove? It’s usually the plaintiff.