Law 30 mini Unit

Lesson Plan 1 Date of lesson: Thursday March 27 Course: Law 30 Unit: Civil Law Topic: Tort law- Negligence Purpose: To educate students on tort law, and the types of tort law.

Learning Outcomes

  • Students will know what Torts are, and what Negligence is.

  • “Apply law of torts to everyday experience and relationships”

Prerequisite Learning: What is Civil law Set: (time) Romans 13.8-9 Owe no one anything, except to love one another; for the one who loves another has fulfilled the law. The commandments, “You shall not commit adultery; You shall not murder; You shall not steal; You shall not covet”; and any other commandment, are summed up in this word, “Love your neighbor as yourself.”   “The rule that you are to love your neighbour becomes in law you must not injure your neighbour, and the lawyers question, Who is my neighbour? Receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then, in law, is my neighbour? The answer seems to be- persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.” Lord Akin in Donoghue v. Stevenson 1932   Development: (time) What is Tort The Dictionary of Canadian Law defines Tort, as a wrong. Torts “[provide] a means by which compensation, usually in the form of damages , is paid for injuries suffered by a party as a result of wrongful conduct by another” -In the case of a Tort there is no underlying agreement that establishes the rights between parties -Torts fall under three categories             -Negligence             -Intentional torts -Strict liability -The word tort simply means a wrong –It is an injury, physical emotional, economic or otherwise suffered by a person for which another may be held legally responsible -A Tort occurs when someone deliberately or through carelessness causes harm or loss to another person -A Tort is a civil law matter -The main purpose for tort law is for the wrongdoer to compensate the person who suffered a loss or harm -Much of the purpose of tort law is to determine who is at fault and what the extent of the damage was -There are many instances where a crime has taken place but no crime has been committed -Tort law mainly comes from common law (judge made law) -Courts should only be used after other options to settle the issue have been unsuccessful -Sometimes someone’s actions are both a tort and criminal -Law treats crime and torts as two separate issues Liability             -The legal responsibility for a wrongful action Plaintiff             -A civil action, the party initiating the action is called a plaintiff Defendant -The person alleged to have undertaken the tortious act   What is Negligence (first type of tort)             Negligence occurs when someone acts carelessly or fails to act at all, resulting in injury or loss to another person Depending on their relationship, people have a legal duty of care to others to act in a certain way or to not act carelessly. -Ex – motorists owe other motorists and pedestrians a certain level of care -This general duty to be careful, and to behave in a way that society considers appropriate, is a responsibility under the law -People don’t have to be perfect -they must use their skills and abilities that a reasonable person in their particular situation would use. -To receive compensation with damages the court must find that the harm dne through negligence was foreseeable. Important points In order to prove Negligence there must be -Duty of Care -Reasonable steps -Causation -Damages   Duty of careDuty of care is the obligation that is required to ensure that others are not harmed by one’s actions. Foreseeability – As a precondition to imposing duty of care, a court will determine whether a reasonable person could expect that a certain result might follow from an action. If the result is foreseeable for a reasonable person, then liability may be imposed for the action. If foreseeability is not reasonable, courts may not award damages. Standard of Carethe expected standard of care is that which a reasonable person would meet Causation -Know that causation involves whether an act or omission of the defendant resulted directly in the injury to plaintiff CausationCausation involves whether an act of omission of the defendant resulted directly in the injury to the plaintiff Damages Know that damages are the award by a court to a plaintiff who successfully proves that injury suffered is the direct responsibility of the defendant Read and discuss McErlean v. Sarel case study Robertson v. Butler case study. Closure: Questions to ask the class -Wrongful conduct can be both a tort and a crime. Should a person who is convicted of a crime face civil liability as well? -Should a participant in a sporting event be able to sue another participant in the case that one player inflicts injury to another Lesson Plan 2 Date of lesson: Friday March 28 Course: Law 30 Unit: Civil Law Topic: Torts Purpose: To give students an understanding of Intentional Torts and Strict Liability

Learning Outcomes

  • Students will know what Intentional Torts, and Strict Liability

  • “Apply law of torts to everyday experience and relationships”

Prerequisite Learning: What is civil law, what are torts, what is Negligence Set: (5 minutes) What do these things have in common -Battery -Assault -False imprisonment -Invasion of privacy -Malicious prosecution -Defamation -Let students guess -They are all types of Intentional Torts Development: (50) Intentional TortsIntentional torts take place when someone deliberately comes into contact with another person or his/her property to the point where damage is done. Intentional torts include             -Battery             -Assault             -False imprisonment             -Invasion of privacy             -Malicious prosecution             -Defamation Intentional torts involving property include             -Harm to goods or land through trespass             -Nuisance Battery An individual victim may sue for damages if subjected to intentional physical touching by another person without consent, called battery -With excessive force. Assault An individual victim may sue for damages for assault if subjected to the threat of force where there is reasonable fear of immediate physical contact False Imprisonment An Individual victim may sue for damages if illegally confined against their will Privacy This tort is evolving as technologies change Malicious Prosecution An action for Damages for wrongfully initiating criminal proceedings against an individual Defamation Damage to a person’s reputation or good name, otherwise known as slander Trespass “Unjustified invasion of another’s property” When goods are damaged when land is infringed upon through presence of another person or if another person places debris on the land of the owner. Right now near Saskatoon, many farmers are struggling with trespassers on their land. People are snowmobiling and causing damage to fences and crops that were planted in the fall. Nuisance Something that interferes with that person’s use and enjoyment of personal property Occupier’s Liability Occupiers of land must maintain the duty of care with respect to others invited or trespassing on the property The standard of Care changes based on wither the person is someone who is on the property for the purpose of business (example a shopper in a store), a social guest (a friend over to watch a movie), or a trespasser Who do you think should be owed the most duty of care? The least? -Person on property for business –Highest -Social guest – slightly lower -Trespasser- Lower Give students Saskatoon example of Farmers having trouble with trespassers Students met in groups, were assigned a side, we did a mini debate activity. Lesson Plan 3 Course: Law 30 Unit: Civil Law Topic: Torts and defencesPurpose: to inform Students on the defences to negligence, and on Vicarious liability.

Learning Outcomes

  • Students will understand what Vicarious liability is
  • Students will know the defences to Negligence

  • Students will form an opinion on Vicarious liability
  • Students will form an opinion on the defences to Negligence

Materials: Power Point, Notes to highlight, Textbooks   Prerequisite Learning: What are Torts, what is negligence, what are intentional torts, What is Vicarious Liability? Set: (5 minutes) 1.Have Questions written on slide -What is Negligence? -Negligence is when someone acts carelessly of fails to act at all, resulting in injury or loss to another person. -What is the difference between Negligence and Intentional Torts? -Intentional Torts occur when harm has been done deliberately, whereas, negligence does not occur intentionally Development: (50 minutes) Third kind of Tort Vicarious Liability             -The responsibility of one person for the actions of another. Pair and Share (10-15 minutes) -Pair up with the person closest to you -Think about an instance when someone might be responsible for the actions of another -Write what you think down. -Each group shares when they think that someone might be responsible for the actions of another person Read Page 405 (5 minutes) Where you right? In what kinds of instances are people held accountable for someone else’s actions? Should parents be held responsible for the actions of their children? Why or why not? Fault The Responsibility for an action Strict Liability In some instances people may be held liable for damage even though they did not act negligently or intend to cause harm Examples -People who keep wild Animals -Tigers, Lions, Snakes… -People who store dangerous chemicals on private property Remedies             The purpose for tort action by a plaintiff Injunction An order from the court that someone either do something, or stop doing something. Injunctions are ordered if harm is ongoing Damages Nominal Damages– Small monetary amounts awarded in situations where a plaintiff was wronged, but did not suffer any real hardship from the wrong Compensatory Damages- Monetary amounts awarded to reimburse a plaintiff for all financial loss suffered Punitive Damages– Monetary amounts reserved for situations in which the court feels that a deterrent message needs to be sent to the public at large. Which kind of Damages do you think the victims in Erin Brockovich? Why? Defences to Torts In the Area of Negligence Voluntary Assumption of Risks Participation in illegal activities Inevitable accident Contributory negligence   Voluntary Assumption of Risk When a person who participates in an activity known to be a risky cannot sue for damages if the injury is of the type known to occur in that activity Participation in illegal activities When injuries related to participation in illegal activities are not eligible for compensation, even if the wrongdoer was negligent. Inevitable Accident Conditions beyond personal control occurred, and that an accident could not have been avoided, even with great skill and care.  Contributory Negligence Read pages 389 and 399 starting at contributory negligence, and -Write down the key points -Answer the question on the Walford v. Jacuzzi Canada Inc. Debrief on Walford v. Jacuzzi Canada Do you agree with the courts decision to hold Correena liable for her injuries? Who agrees? Who thinks Correena should have been held less liable? Who thinks she should have been held more liable? The court decided that Correena was 20% liable based on the fact that she ignored her mothers instructions Her family will receive 4 million dollars This may seem high but remember that Correena will have to live with her injuries for the rest of her life, and that this will effect what kind of job she can get The care that she will need for the rest of her life should also be considered. The Judge held Pioneer Pool accountable because the manager said it was ok to install the slide onto the pool. The judge did not hold the slide manufacturer or the pool manufacturer liable because there was nothing wrong with the slide, and nothing wrong with the pool. (from handbook for teaching law 30) Closure: (2 minutes) Read pages 422- 424 for tomorrow Write down key points Lesson Plan   Date of lesson: April 1st Course: Law30 Unit: Civil Law Topic: Defence to Torts   Purpose: To educate students on the defences to torts

Learning Outcomes

  • Students will Understand the defences to intentional Torts
  • Students will understand the civil courts proceedings

  • Students will be able to apply the defences to intentional torts using case studies

Materials: Text Books, PowerPoints   Prerequisite Learning: About Torts, Negligence, Intentional Torts, Vicarious Liability, Defences to negligence   Set: ( 5 mins) Explain the Case (from Sask Law30 curriculum) The Facts “Peter Poirier and John Murphy, both 18 years of age, agreed to carry out a “stunt”. The stunt was performed in an underground parking garage. Peter stood underneath a water sprinkler pipe. After peter nodded, John began driving his car from about 100 meters away and, at the last moment, Peter would jump up, grab the pipe, do a chin-up, swerve his hips and legs to one side and clear the car. Drinking was not involved. The Stunt was performed as a form of amusement for peter and John, and a group of their friends who were in the car with them. The stunt was performed safely the first time, but the second time Peter was not prepared for it. Peter was hit by the Car and injured. He became unconscious, suffered a brain injury, and underwent lasting personality and emotional changes”.   Development: (55 minutes) Key Questions -Did Peter knowingly assume the risk of harm when he agreed to carry out the stunt? -Was John negligent? Did he fail to take proper care to avoid harm to Peter? -Did Peter contribute to his own injuries by not taking reasonable care of himself? -How would you decide this case and why? One group is going to argue that Peter is responsible for his injuries One group is going to argue that John is responsible for Peters injuries Use your notes to help form your argument.   Group arguing in Peters favour, in what ways was John responsible, what tort does his actions fall under? Why?   Group arguing in Johns Favour, In what ways was Peter responsible for his own injuries, what tort is John being accused of, what defences can he use? (15 minutes to come up with answers to questions and to form an argument)   Debate -15 minutes Each side gets one-minute opening statement Each side gets a two-minute period for main argument Each side gets one minute for closure   The Judges Decision “The Judge held that Peter had given up his right to sue for negligence the first time the stunt was performed, because he willingly assumed the risk of harm. The second performance of the stunt was different because Peter was not ready to perform the stunt. Peter did not assume a risk until he nodded his approval, and he did not do so for the second run. Both Peter and John were negligent. John was negligent because he owed a duty as the driver of the car to take care. He should have realized that Peter was not ready for the second stunt. John was 2/3 at fault. Peter was also partly responsible for his own injuries. He was negligent in agreeing to do the stunt and in not removing himself from the risk of harm before the second stunt. Peter was 1/3 at fault.”   Defences to Intentional Torts             Informed Consent Informed Consent is a defence whereby the defendant tries to prove that the plaintiff agreed to interference with their person, property or goods   Self Defence May be used as defence to the tort of battery, if the defendant is able to prove the fear of physical injury, and only if the force used is not excessive Legal Authority If a person is arrested they cannot sue the arresting officers because they have the legal authority to use a certain level of force during an arrest. The person being arrested needs to have had the opportunity to do so peacefully, if they choose not to do so officers can use force. Discipline Parents and teachers may legally use reasonable force in disciplining children, provided there is no intention to harm a child.   Necessity The defence of necessity may be presented when an action was taken out of necessity for public/private good. Example- To save a life Recapture of goods Individuals being sued for trespass may use the defence of recapture of goods. The law allows for the reclaiming of goods, as long as no force or violence has been used.   Last night you should have read on Defamation of Character and its Defences. What is Defamation? What are defences to defamation? -Truth -Absolute and qualified privilege -Fair comment Civil Court Procedure In civil law, the process of bringing an action to court is called a litigation. In instances where a resolution is not achieved through alternate means, the process for trial is specific to the system of civil law and it includes -Pleadings (statement of claim, notice of motion, statement of defence) -Examination for discovery -Pre-trial conference -Trial   Important Terms   Litigation The process of bringing a lawsuit against a party for an alleged wrong or tort.   Notice of motion The originating document that the plaintiff files with the court. It serves notice of the claim and identifies a deadline for filing for defence.   Statement of claim A document made by the plaintiff and filled with the court, it is part of the notice of motion. This document includes the details of the claim, and presents them to the court and the defendant.   Statement of defence A document filed with the court by the defendant, explaining the defence to the tort/ why the plaintiff’s claim is not warranted.   Examination for Discovery The process occurring prior to trial in civil matters. Relevant documents are exchanged between involved parties, and each party must answer questions under oath by the other party’s lawyer.   The Civil Trail In the province of Saskatchewan the court of Queen’s Bench deals with civil matters (other than small claims). -Trails are presided over by a judge alone -Loosing party is responsible for the costs of the court and the costs of the successful parties legal costs. -Plaintiff presents case using evidence provided by witnesses -Judge uses the law to make decision -Proof beyond reasonable doubt is not a requirement –The balance of probabilities is used to reach judgment –The standard of proof. The judge will decide based on which party has presented the case with the greater likelihood of fact.   Court of Appeal             -The loosing party may appeal the decision of the Judge based on -The law -Any order of the court Parties may Appeal to the court of Appeal in Saskatchewan, and may even end up in the highest court in Canada, the supreme court of Canada.     Closure: (3 minutes) Thank-you for your attention Tomorrow is my last day, and we will be discussing issues in civil law, insurance, privacy, Alternate dispute resolution mechanisms, class action, no fault insurance, negotiation, mediation. Law 30 April 2nd 2014 Hook: 5 Minutes: Remember how we were talking about self defense being a gray area? -Share national post article. Hopefully article will engage students in the refresh Refresh (15 mins) -What are the three categories of torts? -Negligence -Intentional torts -Strict liability -What does the word tort mean? The word tort simply means a wrong -It is an injury, physical emotional, economic or otherwise suffered by a person for which another may be held legally responsible What is Liability? -The legal responsibility for a wrongful action What is Plaintiff? -A civil action, the party initiating the action is called a plaintiff What is Defendant? -The person alleged to have undertaken the tortious act   What is Duty of care? – Duty of care is the obligation that is required to ensure that others are not harmed by one’s actions Define Intentional Torts? -Intentional torts take place when someone deliberately comes into contact with another person or his/her property to the point where damage is done. Name some Intentional torts             -Battery -Assault -False imprisonment -Invasion of privacy -Malicious prosecution -Defamation Intentional torts involving property include             -Harm to goods or land through trespass -Nuisance What is Vicarious Liability? -The responsibility of one person for the actions of another. Name some defences to Torts in the Area of Negligence Voluntary Assumption of Risks Participation in illegal activities Inevitable accident Contributory negligence What are some defences to Intentional Torts? Informed Consent Self defence Legal Authority Discipline Necessity Recapture of goods   New Information (15 minutes) Issues in Civil Law -Civil law is based upon the common law and the case law of the nation, there have been statutes enacted by governments to address civil matters deemed to be of importance to the public good.   Class Action A lawsuit, initiated by representative members of a group of persons, on behalf of all members of the group. Criteria for a class action include: -Numbers of persons included is so large that it is not practical to proceed individually -The class of persons must be identifiable as allegedly having suffered the same wrong or harm -The issue of law and facts of the claim must be shared in common by all members of the class.     Class action suits, where an individual or group of individuals begins civil action on behalf of a class of people affected by an alleged tort, are not common in Canada.   If Saskatchewan eased class action provisions, justice for individuals may be enhanced. Right now it can be hard for people to successfully go after large wealthy cooperation’s.   Insurance Individuals may purchase insurance coverage to provide financial protection in the case of liability for an injury for which they may be found at fault.   No-Fault insurance In Saskatchewan, the no fault insurance system is called the personal injury protection plan. No fault insurance eliminates the opportunity for an individual to be compensated for pain and suffering due to an automobile accident.   Alternate Dispute Resolution Mechanisms The system of civil law allows for remedies for harm done by one party to another. The process of litigation is expensive. Individuals may attempt to resolve disputes of a tortious nature through negotiation or mediation.   Alternated dispute Resolution The process of resolving disputes through means other than litigation and civil trial.   Negotiation Negotiation involves two parties who voluntarily and informally attempt to resolve a civil matter without involving a third party   Mediation A voluntary process by which parties to a civil dispute attempt to resolve the matter with the assistance of neutral third parties.   Activity Part one (15 minutes) -Place students in groups of five. -Have them push their desks together, facing each other. Give each group a case study. -Summarize the case -Which tort is described in the study? -What defense could the defendant use? – could the parties involved use negotiation to resolve the problem? How? – could the parties use mediation to resolve the problem? How?   Part two (15 minutes) -Share your summary and answers with the class.   -pg 369 answers in page 270 -Thomas v. Hamilton   -pg 374 Young v. Bella   -Page 375 Wolf, Ward, and Luck v. Advanced Fur Dressers Ltd. Page 376-377

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