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ECO Common Law - Coggle Diagram
ECO Common Law
Reasonable person standard
Children
McHale v Watson
Reasonable child standard
Average child standard
Reasonable person standard
Experts
ter Neuzen v Korn
Compliance with professional standard of practice
Compliance with general standard of care
Custom
Waldick v Malcom
Compliance with general standard of care
In QC CVL, 1457 CcQ "according to the circumstances, usage or law" could include custom in the evaluation of "rules of conduct"
Legislative norms
Sask Wheat Pool
Proof of statutory breach may be evidence of negligence
Alternatives to fault-based liability
Vicarious Liability
Bazley v Curry
Precedent and Policy
Principle: Connection between creation of risk and wrongful act
Jacobi v Griffiths
Presumption of Liability/Strict Liability
Parental Liability
Ontario Parental Responsibility Act
Direct liability
Liability for Things
(Tort of) Rylands v Fletcher
Presumption of Liability/Strict Liability
Defences
Force majeure
Act of the plaintiff
Nuisance
Miller v Jackson
Presumption of Liability/Strict Liability
Defences
Disturbance is not unreasonable
Fault-based Liability
Products Liability
Lambert v Lastoplex
Liability for things outside of Rylands v Fletcher
Torts protecting fundamental rights
Battery
Malette v Shulman
Intrusion upon seclusion (Privacy)
von Hannover v Germany
Jones v Tsige