Torts

Course Description

The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This course provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. In the Autumn term we address intentional torts as well as the overarching theories and goals of tort law. In the Spring term we address the law of negligence, nuisance, and strict liability.

Course themes

  • Tort law is grounded in community standards and values.
  • Rights of action in private law afford plaintiffs the right to sue.
  • Our common law constitution assumes equality of all (including government officials) under law.
  • The common law develops incrementally: precedent upon precedent.
  • The common law is a conversation taking place over time within and between jurisdictions.

Learning Objectives

  • Identify and demonstrate fundamental techniques of Canadian common law analysis and reasoning.
  • Situate torts within the broader legal system.
  • Employ legal analysis techniques, such as issue-spotting, issue-sorting, and the IRAC structure.
  • Understand and assess different theories, approaches, and goals of tort law.

Resources

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