Torts and Professional Liability and Expert Evidence
13 important questions on Torts and Professional Liability and Expert Evidence
What is tort law?
What elements of a case must be present in order for a situation to be actionable in tort law?
What is negligence? How does this relate to tort law?
You must take reasonable care to avoid acts that you can reasonably foresee and would be likely to injure your neighbor - if this is not done it can be the basis for a case
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How is Tort Law applied to Commercial Transactions?
What did Donoghue vs Steveson change with regards to Tort Law?
- snail in the bottle case - sues manufacturer
- Changed definition of liability for personal injury
What did the Winnepeg Condominium Case change?
- Dangerous defect in building - liability for cost of repair
- Determining if contractor is liable in tort for economic loss to subsequent purchaser
Who is "my neighbour" and what is "foreseeable"
- No policy considerations
What 5 requirements came from The Queen v. Cognos case? How does this relate to professionals and tort liability?
- Must be a duty of care based on special relationship between parties
- Representation must be untrue/misleading
- Representor must have acted negligently
- Representee must have relied on negligent misrepresentation
- Reliance must have been detrimental
What was the Surry v Carrol-Hatch case? How does it relate to Tort Law?
- Duty of care from architect and engineer
- Showed negligence on behalf of the engineer due to "failure to warn"
What did the Kuehne and Nagel case demonstrate?
What is the Ultimate Limitation period?
- Limitation period for all actions is 2 years that starts after the plantiff knows the damage and the fact that they have a claim
What is the difference between the 2 year limitation period and 15 year ultimate limitation period?
2 years from discovery of claim
What must be present for tort law to apply to an engineering project?
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