Documentation:Torts/Remedies

TORT LAW
CASEBOOK
Introduction
Dignitary Torts
Defamation • Discrimination • Harassment • Intentional infliction of mental suffering • Intimate partner violence • Invasion of privacy • Trespass to the person
Property Torts
Interference with goods • Interference with land • Non-natural use of land • Private nuisance • Public nuisance
Negligence Tort
Duty of care • Breach of duty • Damage • Causation • Remoteness
Negligence Categories
Employment • Environmental pollution • Harmful products • Hosting patrons and guests • Infliction of mental injury • Misrepresentation • Occupation of premises • Professional services • Public authorities • Pure economic loss • Relational economic loss • Rescuers • Shoddy goods or structures • Treatment of indigenous children • Unborn children
Dishonesty & Abuse of Position Torts
Abuse of process • Breach of confidence • Conspiracy • Fraud • Inducing breach of contract • Injurious falsehood • Intimidation • Malicious prosecution • Misfeasance in public office • Passing off • Spoliation • Unlawful interference with economic interests
Strict Liability
Keeping dangerous animals • Non-natural use of land • Ultrahazardous activities • Vicarious liability
Defences
Apportionment of liability • Consent • Defamation defences • Defence of property • Denials • Excuses • Illegality • Legal authority • Limitation • Necessity • Self-defence
Remedies
Apologies • Damages • Injunctions • Insurance • Legal costs • Mitigation • Proprietary
Tort Law & Legal Systems
Charter values • Class actions • Concurrent actions • Constitutional torts • Indigenous dispute resolution • No-fault compensation schemes
Tort Theory
Instrumental theories • Relational theories • Critical theories • Reflexive theories
Study Resources
1L strategy • Answer exercises • Quizzes • Beswick's course site • Opening Up Tort Law Project
Index

Remedies

Civil remedies are the legal orders that a court may make upon the defendant's liability being established.

Categories of remedies for torts

Damages are monetary redress. They are the most common remedy sought in tort cases. There are several different heads of damages which courts may award depending on the circumstances.

Injunctions are an order to the defendant to stop doing something or, more rarely, to do something. They are an equitable remedy that may be granted by a court when damages would be an inadequate remedy.

Apologies from defendants have increasingly come to be seen as important to injured plaintiffs. In order to encourage defendants to apologise without fear that their apology will be used as evidence of their liability, some jurisdictions have enacted statutes that bar a mere apology or admission of fault from being used as evidence in court to establish fault.

Mitigation is a doctrine that can operate to limit the scope of damages recoverable by a plaintiff when the plaintiff fails to take reasonable steps to avoid the exacerbation of losses flowing from a defendant's tort.

Legal costs, such as lawyers' fees and disbursements, are usually awarded to the successful party in tort litigation in Canada, rather than each side being left to pay their own fees. Costs awards generally do not cover the successful party's full actual legal expenses, however.

Insurance plays an important role in tort law. Nowadays, many judgments in tort law cases may be fully or partially paid by the defendant's insurance provider, rather than the defendant personally. In some cases, certain individuals (such as owners and operators of motor vehicles) may be mandated by law to bear some form of liability insurance. Scholars have long debated whether a system of comprehensive insurance undermines the principles of tort law, or whether it facilitates the smooth running of the tort system.