02: Tort law and professional liability

A tort is a

The word tort is the French word for

An accused in a criminal matter may be found guilty or not guilty, whereas the defendant in a civil matter is found

A tort is considered a private matter, where a

The first theory is that of strict liability, where a person is

Liability may extend to an employer as a result of

There are two major categories of torts:

Intentional torts are wrongs committed deliberately or voluntarily, rather than inadvertently. With intentional torts, the victim does not need to prove a

While it is appropriate to look at the various torts by dividing them into two broad categories

for the tort of assault, the victim must prove the following:

A battery occurs where there is no consent, but it requires deliberate physical contact.

Where a trespass to land has occurred, ignorance or mistake is not a defence, but

alse imprisonment and false arrest may be of concern in a business environment and may occur when a person is deliberately and totally restrained or held against his or her will, such as

Malicious Prosecution – Where charges are unjustifiably laid

private nuisance,

Defamation is a

General damages

Special damages

Injunctions

Inducing breach of contract

Intentional infliction of mental suffering

Deceit

passing-off occurs when

Where a person wrongly attacks a product or business, the tort of

Invasion of privacy

Negligence is the

nonfeasance

For the defendant to be held liable, the plaintiff must prove both of the following:

contributory negligence

A professional who is hired to perform a task for a client has a

privity of contract.

The fiduciary duty

The tort most commonly committed by professionals is

The professionals duty of care in tort
In order to limit the exposure of professionals to liability that occurs if the reasonably foreseeable test is used, the courts have developed a two-step test: