The Law of Torts - Unintentional Torts

6 important questions on The Law of Torts - Unintentional Torts

Harm cause by accidental behaviour

Unintentional torts

Elements of a Negligence action - plaintiff must prove

1. The defendant owned the plaintiff a duty of care
2. The defendant breached the required standard of care
3. The plaintiff suffered injury or damage
4. The defendant's conduct cause the plaintiff's damage

Determining duty of care

1. The closeness of the relationship
2. Policy concerns
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The liability of manufactures for injury or loss caused by defects in their products

Product liability

Imposes liability on occupants of land for harm suffered by visitors

Occupiers liability

Damages awarded with the intention of punishing the wrongdoer

Punitive damages

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