Halsbury's Laws of Canada – Negligence and other Torts (2016 Reissue)

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433488293


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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. Because of this, tort law is of real concern to most legal practitioners, jurists and academics. Yet while the term "torts" found its way into early English as a synonym for the word "wrong", a tort is in its essence a strictly legal construct which only exists where the law says it does. With respect to negligence, accidents happen every day and can then require the determination of a bewildering number of legal issues. Virtually no area of practice is untouched by the implications of negligence law, because questions of standard of care and causation arise in every aspect of human endeavour, and inevitably make their way for resolution into law offices across Canada.

Newly revised and thoroughly updated, Halsbury's Negligence and other Torts (2016 Reissue) enumerates, 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, Quebec's law of delict and limitation of actions, this valuable 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:

Standard of care and its breachFactors affecting the appropriate standard to be appliedGross negligenceCustomStatutory violationsApplication to specific professionsDuty of careFailure to actUnforeseeable plaintiffEvidence and proofRemoteness or proximate causeDamagesPublic authoritiesDefencesStrict liabilityNuisanceOccupier's liabilityProduct liabilityProofDefencesClass actionsDelictVicarious liabilityLiability for harm caused by things in one's custodyLimitation of actions

Table of Contents

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

The Honourable Allen M. Linden, O.C., Q.C., B.A., LL.B., LL.M., J.S.D., Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D., & Louise Bélanger-Hardy, B.A., B. Soc. Sc., LL.B., LL.M.

The Honourable Allen M. Linden, O.C., Q.C., B.A., LL.B., LL.M., J.S.D., is a retired Judge of the Federal Court of Appeal, where he served from 1990 to 2009. Before that, he was a Trial Judge on the Superior Court of Ontario from 1978 to 1990. Justice Linden is co-author of Canadian Tort Law, 10th Edition, with Bruce Feldthusen, as well as Canadian Tort Law – Cases, Notes & Materials, 14th Edition, with Lewis Klar and Bruce Feldthusen. A former professor of tort law at Osgoode Hall Law School for nearly two decades, Justice Linden has taught in the United States, Australia and the United Kingdom and has written and edited several books and scores of articles, mainly about torts. He continues to teach each winter as a Distinguished Visiting Jurist and Adjunct Professor at Pepperdine University, School of Law in California. On July 1, 2015, Justice Linden was inducted to membership in the Order of Canada.

Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D., is a professor of law at the University of Ottawa. He has been teaching and writing about tort law for over thirty-five years, primarily in Canada, but also in the United States and Australia. He was a professor of law at the University of Western Ontario from 1977 to 1999, and served as Dean of the Common Law Section of the University of Ottawa from 2000 to 2013. He is co-author of Canadian Tort Law, 10th Edition, with the Hon. Allen M. Linden, as well as Canadian Tort Law – Cases, Notes & Materials, 14th Edition, with Allen Linden and Lewis Klar. Feldthusen's analysis of pure economic loss has been adopted by the Supreme Court of Canada and now provides the organizing framework for all negligence actions in that field.

Louise Bélanger-Hardy, B.A., B. Soc. Sc., LL.B., LL.M., is a Full Professor and former Vice Dean at the Faculty of Law of the University of Ottawa, where she teaches tort law and medical law. She holds cross-appointments to the Health Professions Appeal and Review Board of Ontario and the Health Services Appeal and Review Board of Ontario. She is co-author of a leading textbook on Canadian tort law in French, with Professor Denis Boivin. She has taught at the law faculties of the University of Ottawa, Université de Montréal and Université de Nantes, France, and at the Department of Justice Canada. She has also co-edited, with Aline Grenon, two companion works: Elements of Quebec Civil Law – A Comparison with the Common Law of Canada, and Éléments de common law canadienne – comparaison avec le droit civil Québécois.

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