Unintentional Torts—Negligence The tort of negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care. In contrast to intentional torts, in torts involving negligence, the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur.
Unintentional Torts Occupier’s Liability Business Law in Canada – Chapter 5: s.5.1-5.5 (pp. 134-154) Recommended that you read the case summaries throughout Chapter 5, as they provide excellent examples. Contributory Negligence Act - Alberta Queens Printer website Occupiers Liability Act – Alberta Queens Printer website
Oct 15, 2015 · An unintentional tort is one that is negligent, as opposed to intentional torts, which are torts done deliberately. Negligence involves a failure on one party to act the way an ordinary ...
One way to gain a better understanding of unintentional torts is to review some examples. Let's say that Bob manufactures tires. Unbeknownst to Bob, there is a problem in the tire design. The problem causes the tires to burst at a certain temperature. Cindy is driving a car with Bob's tires and has a blowout. Cindy's car crashes into a ravine, and Cindy sustains serious injuries. In this instance, Bob has committed an unintentional tort because of negligence in the design of his tires. Bob did not intend to harm anyone, but injury still occurred, so the tort is not intentional.
Intentional tort: An intentional tort is a legal wrongdoing that is deliberate. Negligence: Negligence is the failure to act as a reasonable person would. Learning Outcome. After viewing this lesson, you should be able to summarize and provide examples of cases of unintentional torts.
Imagine that you are shopping at the supermarket, and you slip and fall in a puddle of water from a broken freezer. You break your leg and wrist and must miss work. You subsequently file a lawsuit against the supermarket for your injuries. Your lawsuit is based upon negligence, which makes it an unintentional tort.
A tort is a legal wrong. Typically, a tort is an act by one individual that causes harm to another person. The commission of the tort leads to civil liability, which is where one party must pay a monetary penalty. Negligence involves a failure on one party to act the way an ordinary, reasonable person would act.
Pretend that you are eating a can of soup. After eating the soup, you become severely ill and require hospitalization. You miss work and are hit with huge hospital bills. The hospital later informs you that your medical tests show that you came down with botulism from the soup.