Tort Defences

Kahoot
Voluntary  Assumes that individuals understand the risks
Assumption of involved with various activities
Risk  Example – Skydiving
Contributory  When the victim’s actions caused all or part of the
damages
Negligence  Example – car accident
Inevitable  Injury or loss may result from a situation that is
Accident/ “Act unavoidable
of God”  Example – Lightening
  An unlawful interference with the person, property
Trespass or rights of another
  The degree of caution or level of conduct expected
Reasonable of a reasonable person
Care  Example – snowfall in the last 5 minutes, no
time to shovel
Informed  Agreement to a particular action with full
understanding of the risks, as with patients and
Consent medical procedures
Necessity  Action is strictly necessary
Legal  The right given by law for a person to perform an
Authority action that would otherwise be considered a tort
  Comments made about a person that are alleged
Truth to be defamatory are actually verified and
established facts
  To agree voluntarily to an action
Consent  Permission granted voluntarily for a specific act
  May make statements openly, honestly and freely
without the fear of being sued
Absolute  Statements made within the confines of where the
Privilege proceedings take place
 Example – court, coroners inquest, judicial
hearings
  Protection from liability statements made in
certain situations as long as the statements are
made without malice
Qualified  Malice – an ulterior or improper reason for
Privilege publishing a negative or defamatory statement
about an individual
 Example – reference letter written by teacher
or employer may be truthful
  For each cartoon, answer questions 1 to 8 on the
Cartoon Cases worksheet