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Understanding Civil Liability: The Aims and Processes of Tort Law

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Explore the essentials of civil liability and tort law, including the definitions of torts, types of intentional and unintentional wrongs, and the litigation process. Learn the differences between crimes and torts, the roles of plaintiffs and defendants, and the stages of civil litigation from pleadings to trial. This overview will help you understand how tort law aims to compensate the injured party and navigate legal complexities involved in suing individuals or corporations.

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Understanding Civil Liability: The Aims and Processes of Tort Law

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Presentation Transcript

  1. Civil Liability Aims and processes

  2. What would happen if…. • You all won a sunny vacation to Cancun.

  3. What are torts? • Torts are intentional or unintentional wrongs which are compensable in damages • Two types… • Intentional ie. Assault, Defamation, Trespass to Chattels (goods), Trespass to land, Nuisance • Unintentional ie. Negligence (not being careful enough)

  4. What are torts NOT? • They’re NOT crimes! • You have to pay your own lawyer to sue! • The government has nothing to do with it! (unlike crimes, where THEY do all the work) • If you sue, you become the PLAINTIFF – the one who sues. • If you are being sued, you become the DEFENDANT – the one being sued.

  5. The objective of tort law • The objective is to put the plaintiff, in terms of money, in the position he or she would have been had the tort not happened. • This is done through an award of DAMAGES to compensate the plaintiff for the harm done.

  6. The stages of Civil Litigation • Pleadings • Plaintiff files a STATEMENT OF CLAIM outlining all of the CAUSES OF ACTION he or she has against the defendant http://www.sommersandroth.com/cases-caputo-soc-amend.htm • Defendant files a STATEMENT OF DEFENCE outlining why he or she is not LIABLE to the Plaintiff for damages and possibly…. • A COUNTERCLAIM against the Plaintiff for claims or a CROSSCLAIM against someone else who might have caused the Plaintiff`s loss. http://rc.lsuc.on.ca/pdf/ht/civSampleStatementDefCntrclaimXclaim.pdf

  7. Stages of Civil Litigation cont` 2. Affidavit of Documents • Each side provides the other with all of its documents which are relevant to the action. • Examination for Discovery • Each side gets to ask questions of the other side about its pleading and its documents • On oath • Pretrial Conference/Mediation • With a judge • Discuss possibilities for settlement 5. Trial

  8. Problems with suing people • Would you sue a poor person • Would you sue a corporation • What would you have to know first

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