Halsbury's Laws of Canada – Torts (2024 Reissue)

Newly revised and thoroughly updated, this title enumerates, defines and explains the application of the law in Canada relating to civil wrongs.

Publication Language: English

Published: September 24, 2024

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$335.00
In Stock ISBN: 9780433532170
Hardcover | 950 pages

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The law of torts hovers over virtually every activity of modern society. No enterprise, action or profession is beyond its potential scope. As a result, tort law is of real concern to most legal practitioners, jurists and academics. With respect to negligence, accidents happen every day, raising several legal issues. Virtually no area of practice is untouched by the implications of negligence law, as questions of standard of care and causation arise in every aspect of human endeavour, inevitably making their way for resolution into law offices across Canada.

Newly revised and thoroughly updated, Halsbury's Torts (2024 Reissue) defines and explains the application of the law in Canada relating to civil wrongs. From negligence to intentional torts, strict liability, nuisance, occupier's liability, product liability, Québec's law of delict and limitation of actions, this invaluable volume provides a black-letter narrative of the law for everyone seeking a straightforward understanding of the subject.

Topics in this essential national reference include:

  • Intentional torts
    • Intentional conduct
    • Specific torts
    • Defences
    • Damages
  • Requisite elements of negligence
    • Requirement of damage
      • Limitation periods
      • Multiple causes of action
    • Causation
      • Onus of proof, inferences and material contribution
      • Multiple causes
  • Standard of care and its breach
    • Defining the parameters of the "reasonable person"
    • Unreasonable risk
      • Likelihood and severity of harm
      • Reason for taking risk
      • Cost of avoiding risk
    • Factors affecting the appropriate standard of care to be applied
      • Age
      • Mental illness
    • Gross negligence
    • Custom
      • Establishing custom
      • Causation
      • Significance
      • Medical custom as reasonable care
      • Failure to follow custom
    • Statutory violations
    • Application to specific professions
  • Duty of care
    • Neighbour principle
    • Recognizing new duties
      • Determining whether duty is novel
      • Foresight and proximity
      • Policy reasons for denying duty
    • Failure to act
    • Unforeseeable plaintiff
  • Evidence and proof
    • Burden of proof
    • Inferring negligent conduct
    • Inferring responsibility of defendant
    • Trespass and inevitable accident
  • Remoteness or proximate cause
    • Thin-skull plaintiff
    • Rescue attempts
    • Intervening acts
  • Psychiatric damage
  • Pure economic loss
  • Public authorities
    • Policy vs. operational decisions
    • Restated Anns test
    • Standard of care and causation
    • Misfeasance in public office
  • Defences to negligence
    • Contributory negligence
    • Voluntary assumption of risk
    • Illegal conduct
  • Strict liability
    • Scope of Rylands v. Fletcher
    • Defences
    • Vicarious liability
  • Nuisance
    • Public and private nuisance
    • Statutory and common law defences
    • Remedies
  • Occupier's liability
    • Trespassers, licensees, invitees and contractual entrants
    • Legislative framework in various jurisdictions
  • Product liability
    • Contract theory
    • Negligence theory
    • Proof
    • Defences
    • Class actions
  • Delict
    • Requirements
      • Capacity
      • Fault
      • Injury or harm
      • Causation
    • Vicarious liability
    • Liability for harm caused by things in one's custody
  • Limitation of actions

 I. Introduction

II. Intentional Torts

III. Introduction to Negligence and Requisite Elements

IV. Standard of Care and Its Breach

V. Duty of Care

VI. Evidence and Proof

VII. Scope of Liability (Remoteness or Proximate Cause)

VIII. Special Problems of Negligence

IX. Defences to Negligence

X. Strict Liability

XI. Nuisance

XII. Occupier's Liability

XIII. Product Liability

XIV. Delict

XV. Limitation of Actions

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