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Tort Law Presentation

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Shyranthi Wijayasegaran

on 2 June 2013

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Transcript of Tort Law Presentation

Thesis: Main Argument #2: QUESTIONS FOR YOU: - If you were an individual who experienced losses and injuries by another individual...would you feel protected by Canadian Tort Law? Why?

- Do you believe it is important to have Tort law in our justice system? Would you rather have all cases tried under Criminal law? Canadian Tort Law Does Canadian Tort Law adequately protect individuals who are victims of wrongs committed by other individuals? Victims of wrongs committed by other individuals are properly protected by Canadian Tort law. Main Argument #1: Canadian Tort law protects individuals in society by giving them certain forms of compensation when there are wrongs committed against them. Canadian Tort Law provide victims of wrongs with... MONEY! Supporting Detail #1: Ex: An individual hits another individuals with their car while drunk driving. The individual that got hurt, under tort law, can sue and receive monetary compensation for injuries and losses they have obtained. Supporting Detail #2: Canada’s Tort law system provides an individual with civil remedies when they are injured or experience losses caused by others. remedies: compensation for future costs & loss of income This causes an individual to be liable and financially responsible! Supporting Detail #3: Canadian Tort Law enforce JUDGEMENTS
in order to correctly compensate a victim of civil wrongs. Judgements allow a plaintiff to collect payments from the defendant when there case has been proven. Options for correctly enforcing judgements: 1) Garnishments - involve a third party; the third party if they owe the defendant, has to owe the money to the plaintiff instead of the defendant 2) Seizing assets - defendant has to sell properties in order to fulfill the judgments 3) examination of the debtor - where the defendant if they are really reluctant to pay, has to go to court in order to settle the claim Canadian Tort law protects victims of wrongs committed by others in society by the elements of deterrence and punishments it contains Supporting Detail #1: Tort law can enforce punitive damage awards when compensations are regarded as an inadequate remedy Ex: If someone knew that the gas tank of their car was going to explode but did not fix it because it was additional costs resulting in someone getting seriously injured or even a near death experience, would be a case where a punitive damage award would be enforced. Examples of Punitive Damage Awards:
- Criminal fine
-retribution which allows the plaintiff to punish an intentional lawbreaker in much the same way as the criminal justice system punishes him Supporting Detail #2: Negligence can be seriously punished in criminal law as well as cause serious compensation in Tort law. Supporting Detail #3: The tort of negligence has 3 key characteristics:
The action is...
= unintentional
= unplanned
= an injury results Ex: Drunk driving which results in serious injuring another.
The incident wasn’t intentional or planned but because of the willful blindness of the driver, an injury occurred.
Result: Award - Substantial amount of cash = Deter negligent drivers For example if someone hits another, it can be a crime of assault and be a tort of battery or if someone breaks into someone’s property, it can be a crime of breaking and entering and can also be regarded as a tort of trespassing on land. Since certain crimes are punishable by law, the crime could also be considered as a tort and can be punished as well. Main Argument #3: Canada’s Tort law system creates easier and efficient trial procedures for those who fall victim to wrongs done by other individuals. Supporting Detail #1: When civil wrongs are taken to court under Tort law, the only thing that has to be proven is the balance of probabilities. Supporting Detail #2: Furthermore, since Tort law only has to prove balance of probabilities, beyond reasonable doubt does not have to be proven in the civil court like in a criminal court. Supporting Detail #3: In Canadian Tort law cases, as long as there is cause of action than the case can successfully go to the civil court. Case: Dunne v. Gauthier Facts: - David Dunne, the plaintiff, was a school-bus driver who drove the four children of David Gauthier who is the defendant.
- In November 1999, at the end of the day, three out of four of Gauthier’s children went on the bus.
-Gauthier heard a recorded message from his young son saying he missed the bus.
-The father then phoned the school saying he would break both of the driver’s legs if his son was not on the bus & so the school arranged a ride for the boy.
-When the bus arrived at Gauthier’s home, Gauthier entered the bus, took the telephone away from Dunne’s hand and threw it out the bus door, put his arm around Dunne’s neck and twisted it. Also, he forced the driver down while he was still wearing his seatbelt
-Gauthier then threatened Dunne by saying that if he ever saw him on the road again, he would take both him and his bus “out” Issues: -Dunne had to be taken to the hospital for emergency care
- He sued Gauthier for personal injuries, psychological and emotional problems, and depression and took it to a civil court Judges’ Decision: Dunne would be awarded...
- $10 000 general damages
- $5000 aggravated damages
- $3425 for lost wages
- $1600 special damages My opinion about the ruling The plaintiff who is suing must prove that the events that took place actually happened. The defendant will state his or her version of what happened and the judge will determine which side is more credible. Then the plaintiff, if his or her case is won, will be awarded compensation or a remedy. This article talks about how cases and courts are really expensive. For example, a 3-day trial procedure for a case taking place in the civil court is 60, 000 but compared to the criminal courts its much cheaper. For example, if someone is charged with murder the trial procedure would cost hundreds of thousands of dollars. If the jurors or judge have no doubt the accused is guilty then it is not beyond reasonable doubt. The cause of action is the valid reason for suing; if there is, it will then be taken to court which varies based on the civil action and how much money is involved. That concludes my presentation Question for you... If you were hit by a drunk driver and were seriously injured...would you want to sue them under Tort law (receive a compensation) or Criminal law (put the person in jail)? Question for you... Do you think it is necessary to have punitive damage awards for injuries and losses instead of simply taking the case to a criminal court? The Three Main Goals for Tort law: 1) to make sure the injured party is compensated
2) to ensure that others refrain from engaging in future negligent actions
3) to ensure the victim’s legal rights are protected. Questions for you: - What is a tort?
- How many of you have ever gotten an injury or experienced losses caused by another individual?
-How many of you have ever gotten an injury which was caused intentionally by someone else?
Question for you: Do you feel a monetary compensation is enough to make up for the injuries and losses that another individual has done to you? Why or why not? This case had an impact on Canadian Tort law because it is the perfect example of the main purpose of Tort law and that is to protect society by providing compensations for the betterment of the lives of those who become victims of wrongs committed by other individuals.
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