Tort Law in Canada

Author: Jean-Louis Baudouin; Allen M. Linden
Publisher: Kluwer Law International
ISBN: 9789041133731
Published In: August 2010
Format: Paperback , 248 pages
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Canada. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.
Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Canada. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

The Authors. Short Explanatory Introduction. Quebec. List of Abbreviations. general Introduction. Selected Bibliography.

Part I. Liability for One’s Acts
Chapter 1. Fault.
Chapter 2. Capacity.
Chapter 3. Specific Cases of Liability.

Part II. Liability for Acts of Others (Vicarious Liability)
Chapter 1. Parents, Educators, Guardians.
Chapter 2. Employers.

Part III. Liability for Things under One’s Care
Chapter 1. General Liability.
Chapter 2. Liability for Damage Caused by Animals. 1. Conditions of Liability. Chapter 3. Liability for Damage Caused by Buildings.
Chapter 4. Liability for Damage Caused by Automobiles. C
hapter 5. Liability for Manufactured Products.

Part IV. Defences and Exemption Clauses
Chapter 1. Limitation of Action.
Chapter 2. Excuses and Justifications.
Chapter 3. Exemption Clauses.

Part V. Causation
Chapter 1. Concept.
Chapter 2. Contribution to Damages.

Part VI. Remedies
Chapter 1. Damages: General Rules.
Chapter 2. Damages: Specific Awards. General Conclusion. Common Law Canada General Introduction.

Part I. Liability for One’s Own Acts
Chapter 1. Fault: Negligence – General Principles.
Chapter 2. Specific Cases of Liability.
Chapter 3. Intentional Torts.

Part II. Liability for Acts of Others
Chapter 1. Parents and Teachers.
Chapter 2. Employers: Vicarious Liability.
Chapter 3. Animals, Fires, and Things.

Part III. Forms of Strict Liability
Chapter 1. Rylands v. Fletcher.
Chapter 2. Road Traffic Accidents.

Part IV. Defences
Chapter 1. Defences to Intentional Torts.
Chapter 2. Defences to Negligence Liability: Conduct of the Plaintiff.
Chapter 3. Defences to Strict Liability.

Part V. Other Torts
Chapter 1. Nuisance.
Chapter 2. Defamation.

Part VI. Remedies
Chapter 1. Assessment of Damages.

Index