Anonymous Law Student

Types of intentional torts include:

Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Recklessness

Continue reading “Intentional Torts and Types”

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 finding and non finding of a duty of care; this duty of care exists when it is reasonably foreseeable that your actions will have an effect on another person.

2. Standard of Care and its Breach – in most (but not all) negligence actions, the standard of care is the reasonable person standard .

3. Causation – has the breach of the duty of care caused an injury to the plaintiff? But for the breach of the duty of care, would the injury have occurred?

4. Remoteness of Damages (limiting step) – also called legal causation; if the damages are found to be too remote from the breach of the standard of care, then the plaintiff will not win the case.

5. Actual Loss – without loss, the plaintiff will not be successful (as opposed to intentional torts)

6. Defences – voluntary assumption of risk, illegality

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 to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.

Sample cases where judicial review does or does not apply.

Continue reading “Definitions of Administrative Law (Canada)”

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. The existence of jus cogens still remains somewhat controversial, however they have achieved quite an wide scope of acceptance. The notion of jus cogens is that these norms are owed by states to all of the international law community.

Continue reading “Jus cogens”

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.

Continue reading “Functions of Tort Law Cours”

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 binding instrument subject to international law then it’s a treaty.

Where does the legal weight of treaties come from? Pacta servanta – there ought to be an obligation amongst states to adhere to their treaty obligations.