Assignment 2 - Defences to Torts by Marceline Do https://padlet.com/blahbeat77/Marceline Marceline Do en-us 2019-04-08 23:09:06 UTC 2025-10-07 23:00:44 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png Article #1: Understanding Tort Law blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736142 This article gives us an overview of Tort law, a cornerstone of the Canada Legal System. Before exploring the defences to torts, we need a general understanding of what Tort law is. The article explains what is a Tort and the primary purpose of a Tort. It also specifies the three primary categories of Torts which are Intentional, Negligence, and Strict Liability.]]> 2019-04-08 23:11:16 UTC https://padlet.com/blahbeat77/Marceline/wish/349736142 Image #1: Defence in Tort Law blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736268 It is important to know the Defences in Tort law. If a defendant can successfully establish one of the recognized defences to torts, the defendant will not be liable to the plaintiff (Olivo, 2014). ]]> 2019-04-08 23:12:17 UTC https://padlet.com/blahbeat77/Marceline/wish/349736268 Article #2: General Defenses in Torts blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736412 The article describes general defences in Torts including information about the four fundamental concepts of defence which are “absent element defences”, “affirmative defences”, “remedy restricting rules”, and “onus of proof”. In addition, it discusses seven defences in detail including Consent, Illegality, Inevitable Accident, Act of God, Act in Relation to Private Defence, Necessity, and Act done in respect to statutory authority. The article also includes cases as examples for the defences.]]> 2019-04-08 23:12:55 UTC https://padlet.com/blahbeat77/Marceline/wish/349736412 Video #1: Defenses against Intentional Torts blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736558 This video is a part of a series explaining Tort Law. Each type of Torts has different defences to it and it is essential to know the distinction. In this video, we will focus on several defenses you can raise in court against Intentional Torts including Consent, Assumption of Risk, Self-defense, and Necessity. In addition to that, there is also Provocation, Defence of Others, and Defence of Property (Olivo, 2014).]]> 2019-04-08 23:14:04 UTC https://padlet.com/blahbeat77/Marceline/wish/349736558 Video #2: Defenses in a Strict Liability Lawsuit blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736644 This video specifies on the defenses available for Strict Liability Torts including Contributory and Comparative Negligence, Assumption of the Risk, and Misuse of a Product. Additionally, the Act of God and Unforeseeable are also denfences to Torts (Olivo, 2014)]]> 2019-04-08 23:14:54 UTC https://padlet.com/blahbeat77/Marceline/wish/349736644 Video #3: An Introduction to Negligence blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349736715 This video covers information about Negligence, another type of Torts. In order for a plaintiff to win a lawsuit for negligence, they must prove all three factors of a Negligence Case (Duty, Breach, and Damage) are present. The video also talks about defenses to a claim of Negligence which are Assumption of Risk and Contributory or Comparative Negligence. In addition, it is also important to highlight two key concepts which are Reasonableness and Foreseeability.]]> 2019-04-08 23:15:35 UTC https://padlet.com/blahbeat77/Marceline/wish/349736715 Image #2: Volenti non fit injuria blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349737337 Voluntary Assumption of Risk is one of the defences to a negligence action, which is when a person consented to accept the risk of being injured by participating in a particular activity (sport). Other than that, Contributory or Comparative Negligence and Illegality are also defences to Negligence (Olivo, 2014). ]]> 2019-04-08 23:19:50 UTC https://padlet.com/blahbeat77/Marceline/wish/349737337 Article #3: Consent Defense and Intentional Torts blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349737601 The article provides us with a further understanding of Intentional Torts and the most common examples of Intentional Torts which are Battery, Assault, Trespass, False Imprisonment, and Intentional Infliction of Emotional Distress. It also explains the Consent Defense in details and how we can apply it in Intentional Torts. Consent is invalid if obtained by fraud, under duress, or incapacity (Olivo, 2014).]]> 2019-04-08 23:21:11 UTC https://padlet.com/blahbeat77/Marceline/wish/349737601 Image #3: Consent FRIES blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349738651 A helpful guide to understanding consent!
1. Freely Given: A person says yes without the use of threats, pressure, force or coercion. Consent can’t be given if the person is under the influence of alcohol, drugs or passed out.
2. Reversible: You can say yes and then change your mind at any point in time!
3. Informed: Consent can only happen if the person has an honest understanding of the situation.
4. Enthusiastic: Consent is a clear, excited yes. You should never feel like you’re expected to do anything.
5. Specific: Saying yes to one thing (ex: making out) does not mean consent to something else (ex: sex) (Consent Nation, 2018).
]]> 2019-04-08 23:27:54 UTC https://padlet.com/blahbeat77/Marceline/wish/349738651 Word Document blahbeat77 https://padlet.com/blahbeat77/Marceline/wish/349738893 2019-04-08 23:29:21 UTC https://padlet.com/blahbeat77/Marceline/wish/349738893