Chapter 3
Tort Law – part 1
(p 65-70)
Learning Outcomes
• When you have reviewed these slides, you
should be able to understand:
– The concept of a tort
– The concept of vicarious liability
– The concept of joint and several liability
– The concept of contributory negligence
– The difference between intentional and
unintentional torts
What is a tort
• A civil wrong (an action/omission that the law
recognizes as wrong), other than a breach of
contract, for which damages may be sought
– An act or omission (failure to act) that causes an
injury to people or property or economic interests
– Private law, developed through common law
• Some torts have been codified
• Sometimes can also give rise to criminal liability
– Plaintiff (victim) seeks damages from the
defendant (wrongdoer) e.g. Valnam p. 66
Vicarious Liability
• An employer is responsible (liable) for torts committed by
employees while doing their jobs
– Tort must be committed in the ordinary course of employment
– Employee can still be sued
– E.g. Van-Nam employee fails to clean an oil leak in the
warehouse and a customer’s purchasing manager slips and
breaks her leg
• Purchasing manager can sue the employee or Val-Nam;
• Risk management?
– Training, monitoring, policies
– Insurance
– Indemnification clauses
Discussion
• You run a wholesaling business. Al is your
customer service representative, and has been
a good employee. One day, Al gets very angry
with a difficult customer, loses his temper and
punches the customer, breaking his nose. The
customer sues Al and you as the employer.
• Using the principle of vicarious liability, do you
think a court would hold you responsible?
Negligence Act
• Provincial statute – sets out several important
torts principles
– Joint and several liability
– Contributory negligence
Joint and several liability
• Joint and several liability
– Liability – legal responsibility to pay damages
– Joint and several liability
• Means that if 2 or more defendants are found liable,
the plaintiff can recover the full amount of damages
from either of them
– Applies even if court apportions the liability
• Plaintiff can not recover more than the full amount
Joint and several liability
• Try it:
– A court finds that Joe and Maria are both liable for
causing harm to Bob, and awards $5000 in damages
• Bob can recover part of this amount from each
• OR Bob can recover the whole amount from either one (e.g
if one of them can not pay)
• Bob can not recover more than $5000
– If court apportions the damages so that Joe is
responsible only for 10% - same
• Bob can recover $500 from Joe and $4500 from Maria
• OR Bob can recover all from Joe (e.g. if Maria has no
money); and then Joe can sue Maria to recover her share
($4500)
Contributory Negligence
– Court can hold plaintiff partially responsible for own
injuries, if plaintiff did not take reasonable care
– Reduces the amount of damages defendant must pay
– Applies only to the tort of negligence
– See. P 93
– E.g. plaintiff wore high heels to visit factory although
was told to work boots, slipped on an oil spill and fell.
• Court may find contributory negligence ( part of the harm
was the plaintiff’s fault), apportion liability so that plaintiff is
20% responsible; she will only recover 80% of the damages
Elements of a tort
• Basic elements common to all torts; plaintiff must
prove elements in order to succeed
– Wrongful act
• By the defendant; law must recognize it as wrong
• Varies depending on the actual tort
– Causation
• The defendant’s wrongful act caused the harm to the
plaintiff
– Quantifiable harm
• The harm is measurable in a manner recognized by the law
Categories of Torts
• Intentional torts v. unintentional torts
– Intentional torts – deliberate harm
• Verbal or physical aggression
• Business torts
– Unintentional torts
• Careless or negligent actions or omissions that cause unintended
harm to people or businesses – negligence
• E.g. product liability, occupiers’ liability, professional negligence
– Strict liability torts – no proof of negligence needed
– Either – some torts can be either intentional or
unintentional
• trespass, nuisance, invasion of privacy