Tort Law in Canada

2. Auflage 2013
ISBN: 978-90-411-5184-1
Verlag: Wolters Kluwer

Buch, Englisch

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.

Autoren/Hrsg.

Baudouin, Jean-Louis

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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. Chapter 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