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Tort Law

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Tort Law
tort law
INTRODUCTION TO THE LAW OF NEGLIGENCE…………………………………………….........4 Buchan v. Ortho Pharmaceutical (Canada) Ltd Hollis v. Dow Corning Cor Tobacco Tort Cases in Ontario
(1) THE DUTY OF CARE: GENERAL PRINCIPLES……………………………………………….....6 (a) An Introduction to the Concept of Duty……………………………………………………...6 (i) General Duty of Care Test……………………………………………………………..6 Donoghue v. Stevenson (sets out general neighbour DoC) (ii) Development of the Modern Law Notion of Duty…………………………………….7 Nt - Modern Law of Duty and Canada (iii) Anns and the Supreme Court of Canada……………………………………………...7 Cooper v. Hobart (clarifies Anns test) Nt - Odhavji v. Woodhouse, Bella v. Young (b) Foreseeable Risk of Injury…………………………………………………………………….8 Moule v. N.B. Elec. Power Comm’n (c) The Foreseeable Plaintiff Test………………………………………………………………...8 Palsgraf v. Long Island Ry. Co. John T. Noonan, Persons and Masks of the Law
(1-ii) NONFEASENCE: DUTIES OF AFFIRMATIVE ACTION………………………………………9 (a) An Introduction of Nonfeaseance…………………………………………………......………9 (b) The Duty to Rescue…………………………………………………………………………….9 Osterlind v. Hill (no duty to rescue) Matthews v. MacLaren; Horsley v. MacLaren (expectation of rescue shifting) (c) The Duty to Control the Conduct of Others………………………………………………...10 Jordan House Crocker v. Sundance Northwest Resorts Ltd. (broadening of alcohol liability) Stewart v. Pettie (alcohol-related liability is narrowed here) Liquor License Act, s. 39 Hunt v. Sutton Incentive Realty (employer resp. of intoxicated employees) Childs v. Desormeaux (social hosts not resp) (d) The Duty of Police Officers…………………………………………………………………..12 Jane Doe v. Metro Toronto Comm. of Police (Duty to act expanded with police)

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    References: 1.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. On Liberty (1859). pg. 309. University of Toronto Press. 20072. Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. On Liberty (1859). pg. 314. University of Toronto Press. 20073.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. Retrieved June 16th, 20084.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 34. Retrieved June 16th, 20085.United Nations: Office on Drugs and Crime. http://www.unodc.org/enl/showDocument.do?lng=fr&language=FRE&cmd=add&country=THA&node=docs&documentUid=699&pageNum=2 . Narcotics Control Act. Retrived June 16th, 20086.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 28. Retrieved June 16th, 20087.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 327. University of Toronto Press. 20078.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 327. University of Toronto Press. 20079.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. Constitution Act. pg. 1057. University of Toronto Press. 200710.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 332. University of Toronto Press. 200711.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 333-334. University of Toronto Press. 200712.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 333. University of Toronto Press. 200713.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 77. Retrieved June 16th, 200814.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 334. University of Toronto Press. 200715.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 334. University of Toronto Press. 200716.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 79. Retrieved June 16th, 200817.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 11. Retrieved June 16th, 2008…

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