The document provides an overview of tort law including intentional torts like assault, negligence, privacy law, and discusses issues that can result in business liability. It also reviews cases, definitions of key concepts, and how reasonable duty of care is determined in tort cases. The document is a guide for understanding different types of civil wrongs and liability between private individuals or businesses.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
The document discusses the law of negligence and tort in Malaysia. It covers the elements of negligence including duty of care, breach of duty, and damages. It provides examples of how negligence applies in different contexts like construction projects. The document also summarizes the Highland Tower collapse case where the developer, consultant, engineer, and neighboring properties were found to have contributed to the collapse due to issues with slope stability and drainage.
The document summarizes the key elements of the tort of negligence in English law. It is divided into three sections: [1] duty of care, [2] breach of duty, and [3] damage caused by the breach. For each section, it outlines the legal tests and principles used to determine if there is negligence. It provides numerous examples of English court cases that have helped develop the legal standards for establishing negligence. The summary concisely covers the essential information about this topic.
Introduction to Civil Obligations - Negligencepaulwhite1983
The document provides an introduction to the topic of negligence in civil law. It discusses how negligence claims arise from unplanned interactions and accidents between private citizens. It outlines the three elements required for a negligence claim: (1) that a duty of care existed, (2) that the duty was breached, and (3) that damages resulted from the breach. The document also mentions defenses to negligence claims such as voluntary assumption of risk and contributory negligence. It notes that both common law and statutes provide remedies for negligence.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
T1, 2021 business law lecture week 6 - law of torts - negligence 2markmagner
The document discusses the legal concept of vicarious liability and negligent misstatements.
[1] Vicarious liability holds an employer liable for acts or omissions of their employees that were committed in the course of employment. There are two tests for determining an employer-employee relationship - the control test and integration test. Several cases are discussed that demonstrate when an employer will be held vicariously liable.
[2] Negligent misstatements occur when a party provides advice, information or an opinion to another party who reasonably relies on it, but the advice was given carelessly. The document outlines the tests for establishing a duty of care in cases of negligent misstatement and discusses several cases where parties were found liable for negligent
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
The document discusses the law of negligence and tort in Malaysia. It covers the elements of negligence including duty of care, breach of duty, and damages. It provides examples of how negligence applies in different contexts like construction projects. The document also summarizes the Highland Tower collapse case where the developer, consultant, engineer, and neighboring properties were found to have contributed to the collapse due to issues with slope stability and drainage.
The document summarizes the key elements of the tort of negligence in English law. It is divided into three sections: [1] duty of care, [2] breach of duty, and [3] damage caused by the breach. For each section, it outlines the legal tests and principles used to determine if there is negligence. It provides numerous examples of English court cases that have helped develop the legal standards for establishing negligence. The summary concisely covers the essential information about this topic.
Introduction to Civil Obligations - Negligencepaulwhite1983
The document provides an introduction to the topic of negligence in civil law. It discusses how negligence claims arise from unplanned interactions and accidents between private citizens. It outlines the three elements required for a negligence claim: (1) that a duty of care existed, (2) that the duty was breached, and (3) that damages resulted from the breach. The document also mentions defenses to negligence claims such as voluntary assumption of risk and contributory negligence. It notes that both common law and statutes provide remedies for negligence.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
T1, 2021 business law lecture week 6 - law of torts - negligence 2markmagner
The document discusses the legal concept of vicarious liability and negligent misstatements.
[1] Vicarious liability holds an employer liable for acts or omissions of their employees that were committed in the course of employment. There are two tests for determining an employer-employee relationship - the control test and integration test. Several cases are discussed that demonstrate when an employer will be held vicariously liable.
[2] Negligent misstatements occur when a party provides advice, information or an opinion to another party who reasonably relies on it, but the advice was given carelessly. The document outlines the tests for establishing a duty of care in cases of negligent misstatement and discusses several cases where parties were found liable for negligent
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
- A duty of care arises where one individual or group undertakes an activity that could reasonably harm another physically, mentally, or economically. If this duty is breached, the duty-ower may be legally liable to compensate the victim.
- The neighbor principle establishes that a duty of care exists to take reasonable care to avoid acts that could foreseeably injure your neighbor. A neighbor is someone directly affected by your actions.
- For a duty of care to exist in negligence, there must be a sufficient relationship between the parties, the harm must have been reasonably foreseeable, and it must be fair to impose liability.
The document discusses several justifications or exceptions for tort liability, including:
1. Volenti non fit injuria (consent), where harm is not legally actionable if consented to. Consent can be express or implied.
2. Act of God/vis major, which excuses liability for harm caused by natural events beyond human control, like storms or floods.
3. Rescue cases, where the defense of consent does not apply to rescuers facing risk to save others from imminent danger caused by the defendant's negligence.
This document discusses several negligence duty of care cases in tort law:
1) Donoghue v Stevenson established that manufacturers have a duty of care to consumers for defects that could cause injury.
2) Smoldon v Whitworth found that a rugby referee owes a duty of care to players to reasonably enforce safety rules and prevent unnecessary risks of injury.
3) Dominion Natural Gas v Collins held that those who install dangerous machines have a duty to take reasonable precautions to prevent injuries, even if they do not own or control the property.
The document discusses the duty of care in negligence cases. It explains that there are four key considerations for establishing a duty of care: (1) duty of care, (2) breach of duty of care, (3) causation, and (4) loss or injury. It then focuses on duty of care, outlining the traditional categories where a duty of care has been established (such as between doctors/patients). It also discusses novel cases and explains the three part test of foresight, proximity, and fairness used to determine if a duty of care exists. Specific cases are referenced to illustrate various principles around establishing duty of care.
This document summarizes key tort law cases related to psychiatric injury claims. It establishes that:
1. The law initially looked more favorably on physical injury claims than psychiatric claims, but McLoughlin allowed claims in some cases where the plaintiff was not directly involved.
2. Alcock distinguished between primary and secondary victims, with primary victims facing less strict conditions to claim. This definition was refined in White to require being in a "zone of foreseeable danger."
3. Secondary victims face stricter conditions around proximity of relationship, time and space, and experiencing the event directly rather than indirectly.
4. The definition of primary victims may not be entirely settled, as shown in W v Es
This document summarizes 40 cases related to the legal maxim "volenti non fit injuria" (consent prevents legal injury). Some of the key points covered include:
- The defendant must prove the plaintiff freely and voluntarily consented with full knowledge of the risks involved. Implied or broad consent may be sufficient in some circumstances like medical emergencies.
- Rescue cases established that injury to rescuers was a foreseeable result of the original negligence or wrongdoing.
- The defense of volenti does not apply if the consent was obtained through fraud or misrepresentation.
- Public policy considerations can prevent certain duties of care from being imposed, such as between barristers during court proceedings.
This document discusses various torts and their application to cyber law. It defines a tort as a civil wrong that results in injury. There are three main categories of torts: intentional torts, negligence, and strict liability. Negligence requires four elements - duty, breach, injury, and causation. Strict liability does not require fault. The document explores how various intentional torts like defamation, fraud, and interference apply in cyberspace. It also discusses if internet service providers can be liable for subscribers' actions in tort cases involving spam or viruses.
This document provides exam notes on property offences under UK criminal law, summarizing key cases and statutes. It covers the offences of theft, burglary, robbery, fraud by false representation, obtaining services dishonestly, and making off without payment. For each offence, it outlines the required actus reus and mens rea elements, and discusses important cases that have helped define terms or standards. The document is presented as a study guide for a criminal law exam focusing on property crimes.
The document discusses tort law and cyber torts. It defines what a tort is, outlines the purpose of tort law. It discusses the different categories of torts including intentional torts, negligence, and strict liability. It explains the four elements of negligence - duty, breach, causation, damages. It also discusses defenses to negligence claims like assumption of risk, contributory negligence, comparative negligence. Cyber torts and how tort theories are applied online are also mentioned.
Torts and cyber torts involve both intentional and unintentional civil wrongs that result in harm. Intentional torts include assault, battery, false imprisonment, infliction of emotional distress, defamation, and invasion of privacy. Negligence involves harm from careless behavior that results in foreseeable risk of injury. Key elements of negligence include duty, breach, causation, and damages. Emerging cyber torts apply traditional tort doctrines to modern technologies and include issues like defamation online, liability of internet service providers, and spam regulation.
(1) Private nuisance claims can be brought by owners, occupiers, or tenants of land affected by the nuisance. Guests and lodgers cannot sue. Anyone can sue for public nuisance if they suffered special damage.
(2) The creator or occupier of premises where a nuisance originates can be sued. An occupier is liable if the nuisance existed when they acquired the property and they knew or should have known about it. Occupiers are also liable for nuisances caused by people lawfully on the premises or for failing to address nuisances caused by trespassers or acts of God once aware. Landlords can be liable in some circumstances.
(3) Coming to a nuisance,
The law of Torts trespass negligence and occupiers liability and independent ...Mzumbe University
Negligence is not a single nominate tort. Some interests are protected against negligent interference, others are not. The purpose of the law of torts is to adjust societies' losses and to afford compensation for injuries sustained by one person as a result of the conduct of another. Law of torts must dynamic and responsive to changing society.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
Lord Atkin established the neighbour principle in Donoghue v Stevenson. The neighbour principle determines whether a duty of care exists by asking if a reasonable person would foresee that their actions could adversely affect another. In Donoghue, the manufacturer (D) had a duty of care towards the consumer (P) because D could reasonably foresee that selling contaminated ginger beer could injure P. P became ill after finding a decomposed snail in the ginger beer bottle. The neighbour principle held D negligent for failing to properly inspect bottles before filling them, breaching the duty of care owed to P.
The document discusses causation in negligence cases under English law. It outlines two types of causation: (1) causation in fact, known as the "but for" test, which examines whether the plaintiff's loss would have occurred but for the defendant's negligence; and (2) causation in law (remoteness of damages), which examines whether the damages are too remote to hold the defendant liable. It provides examples of how courts have applied the "but for" test and exceptions where it does not apply, such as when the defendant's actions materially increase the risk of injury or there are multiple possible causes of damage.
This document discusses the development of the duty of care test in negligence law. It begins by introducing the "neighbour principle" established in Donoghue v Stevenson, which holds that one owes a duty of care to those who could foreseeably be injured by one's actions. It then explains that this test was expanded by the two-pronged "Anns test" developed in Anns v London Borough of Merton. The Anns test first considers proximity, then allows consideration of policy reasons for limiting the duty of care. The document analyzes how these cases helped define who qualifies as a "neighbor" owed a duty of care in negligence cases.
1) An occupier is someone who has control over a structure like a house, building, vehicle, etc. and owes different duties of care to people on the premises depending on their status.
2) Occupiers owe the highest duty to contractual entrants like tenants or hotel guests. They must ensure the premises are safe. For ancillary entrants like cinema patrons, the duty is to take reasonable care to ensure safety.
3) Invitees such as customers have a right to be on the premises and occupiers must use reasonable care to prevent damage from unusual dangers they know or should know about. Licensees like party guests must be warned of concealed dangers. The duty to trespassers depends on
P can be found contributorily negligent if their actions were reasonably foreseeable to cause harm and they failed to act as a reasonable person. The elements of contributory negligence are foreseeability of harm and causation between the plaintiff's actions and their damages. Some examples of contributory negligence include riding in an unsafe position on construction equipment, failing to follow safety instructions, not wearing a required helmet, boarding a moving bus, or getting into a car with a drunk driver. Minors may also be contributorily negligent depending on their age and maturity. When determining damages, the court will apportion liability based on the relative fault of the plaintiff and defendants.
The document discusses the legal standard of care known as the "reasonable man" and factors that can affect what is considered reasonable in different situations. It analyzes several past negligence cases to illustrate how the standard of care is determined, including considering the characteristics of the defendant and claimant, the size of the risk, precautions taken, and benefits of taking a risk. Special care may be needed for professionals, people with disabilities or illnesses, emergencies, and greater known risks.
The document discusses the rule of strict liability established by Rylands v Fletcher and its exceptions. The Rylands v Fletcher case established that a person is strictly liable for damages caused by anything dangerous they bring onto their land that escapes and causes harm, even if they were not negligent. The key exceptions to this rule of strict liability are acts of God, acts of third parties, the plaintiff's own fault, when the act is authorized by statute, and when the plaintiff has consented to the presence of the dangerous thing.
This document summarizes various topics in tort law, including strict liability, abnormally dangerous activities, products liability, and other intentional and dignitary torts. It discusses how strict liability applies to abnormally dangerous activities and defective products. It also outlines the factors courts consider to determine if an activity is abnormally dangerous. The document concludes by describing the types of damages, including compensatory and punitive damages, available in tort cases.
This document provides information about tort law, criminal law, and some famous business crimes. It defines tort as a civil wrong committed against another individual. The three main types of torts are intentional torts, negligence torts, and strict liability torts. Criminal law requires an act and intent, with crimes classified as mala in se or mala prohibita. White collar crimes and crimes against business like embezzlement, fraud, and forgery are discussed. Defenses to crimes include mistake of fact, duress, and entrapment. Famous business crimes summarized include the Enron and WorldCom scandals.
- A duty of care arises where one individual or group undertakes an activity that could reasonably harm another physically, mentally, or economically. If this duty is breached, the duty-ower may be legally liable to compensate the victim.
- The neighbor principle establishes that a duty of care exists to take reasonable care to avoid acts that could foreseeably injure your neighbor. A neighbor is someone directly affected by your actions.
- For a duty of care to exist in negligence, there must be a sufficient relationship between the parties, the harm must have been reasonably foreseeable, and it must be fair to impose liability.
The document discusses several justifications or exceptions for tort liability, including:
1. Volenti non fit injuria (consent), where harm is not legally actionable if consented to. Consent can be express or implied.
2. Act of God/vis major, which excuses liability for harm caused by natural events beyond human control, like storms or floods.
3. Rescue cases, where the defense of consent does not apply to rescuers facing risk to save others from imminent danger caused by the defendant's negligence.
This document discusses several negligence duty of care cases in tort law:
1) Donoghue v Stevenson established that manufacturers have a duty of care to consumers for defects that could cause injury.
2) Smoldon v Whitworth found that a rugby referee owes a duty of care to players to reasonably enforce safety rules and prevent unnecessary risks of injury.
3) Dominion Natural Gas v Collins held that those who install dangerous machines have a duty to take reasonable precautions to prevent injuries, even if they do not own or control the property.
The document discusses the duty of care in negligence cases. It explains that there are four key considerations for establishing a duty of care: (1) duty of care, (2) breach of duty of care, (3) causation, and (4) loss or injury. It then focuses on duty of care, outlining the traditional categories where a duty of care has been established (such as between doctors/patients). It also discusses novel cases and explains the three part test of foresight, proximity, and fairness used to determine if a duty of care exists. Specific cases are referenced to illustrate various principles around establishing duty of care.
This document summarizes key tort law cases related to psychiatric injury claims. It establishes that:
1. The law initially looked more favorably on physical injury claims than psychiatric claims, but McLoughlin allowed claims in some cases where the plaintiff was not directly involved.
2. Alcock distinguished between primary and secondary victims, with primary victims facing less strict conditions to claim. This definition was refined in White to require being in a "zone of foreseeable danger."
3. Secondary victims face stricter conditions around proximity of relationship, time and space, and experiencing the event directly rather than indirectly.
4. The definition of primary victims may not be entirely settled, as shown in W v Es
This document summarizes 40 cases related to the legal maxim "volenti non fit injuria" (consent prevents legal injury). Some of the key points covered include:
- The defendant must prove the plaintiff freely and voluntarily consented with full knowledge of the risks involved. Implied or broad consent may be sufficient in some circumstances like medical emergencies.
- Rescue cases established that injury to rescuers was a foreseeable result of the original negligence or wrongdoing.
- The defense of volenti does not apply if the consent was obtained through fraud or misrepresentation.
- Public policy considerations can prevent certain duties of care from being imposed, such as between barristers during court proceedings.
This document discusses various torts and their application to cyber law. It defines a tort as a civil wrong that results in injury. There are three main categories of torts: intentional torts, negligence, and strict liability. Negligence requires four elements - duty, breach, injury, and causation. Strict liability does not require fault. The document explores how various intentional torts like defamation, fraud, and interference apply in cyberspace. It also discusses if internet service providers can be liable for subscribers' actions in tort cases involving spam or viruses.
This document provides exam notes on property offences under UK criminal law, summarizing key cases and statutes. It covers the offences of theft, burglary, robbery, fraud by false representation, obtaining services dishonestly, and making off without payment. For each offence, it outlines the required actus reus and mens rea elements, and discusses important cases that have helped define terms or standards. The document is presented as a study guide for a criminal law exam focusing on property crimes.
The document discusses tort law and cyber torts. It defines what a tort is, outlines the purpose of tort law. It discusses the different categories of torts including intentional torts, negligence, and strict liability. It explains the four elements of negligence - duty, breach, causation, damages. It also discusses defenses to negligence claims like assumption of risk, contributory negligence, comparative negligence. Cyber torts and how tort theories are applied online are also mentioned.
Torts and cyber torts involve both intentional and unintentional civil wrongs that result in harm. Intentional torts include assault, battery, false imprisonment, infliction of emotional distress, defamation, and invasion of privacy. Negligence involves harm from careless behavior that results in foreseeable risk of injury. Key elements of negligence include duty, breach, causation, and damages. Emerging cyber torts apply traditional tort doctrines to modern technologies and include issues like defamation online, liability of internet service providers, and spam regulation.
(1) Private nuisance claims can be brought by owners, occupiers, or tenants of land affected by the nuisance. Guests and lodgers cannot sue. Anyone can sue for public nuisance if they suffered special damage.
(2) The creator or occupier of premises where a nuisance originates can be sued. An occupier is liable if the nuisance existed when they acquired the property and they knew or should have known about it. Occupiers are also liable for nuisances caused by people lawfully on the premises or for failing to address nuisances caused by trespassers or acts of God once aware. Landlords can be liable in some circumstances.
(3) Coming to a nuisance,
The law of Torts trespass negligence and occupiers liability and independent ...Mzumbe University
Negligence is not a single nominate tort. Some interests are protected against negligent interference, others are not. The purpose of the law of torts is to adjust societies' losses and to afford compensation for injuries sustained by one person as a result of the conduct of another. Law of torts must dynamic and responsive to changing society.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
Lord Atkin established the neighbour principle in Donoghue v Stevenson. The neighbour principle determines whether a duty of care exists by asking if a reasonable person would foresee that their actions could adversely affect another. In Donoghue, the manufacturer (D) had a duty of care towards the consumer (P) because D could reasonably foresee that selling contaminated ginger beer could injure P. P became ill after finding a decomposed snail in the ginger beer bottle. The neighbour principle held D negligent for failing to properly inspect bottles before filling them, breaching the duty of care owed to P.
The document discusses causation in negligence cases under English law. It outlines two types of causation: (1) causation in fact, known as the "but for" test, which examines whether the plaintiff's loss would have occurred but for the defendant's negligence; and (2) causation in law (remoteness of damages), which examines whether the damages are too remote to hold the defendant liable. It provides examples of how courts have applied the "but for" test and exceptions where it does not apply, such as when the defendant's actions materially increase the risk of injury or there are multiple possible causes of damage.
This document discusses the development of the duty of care test in negligence law. It begins by introducing the "neighbour principle" established in Donoghue v Stevenson, which holds that one owes a duty of care to those who could foreseeably be injured by one's actions. It then explains that this test was expanded by the two-pronged "Anns test" developed in Anns v London Borough of Merton. The Anns test first considers proximity, then allows consideration of policy reasons for limiting the duty of care. The document analyzes how these cases helped define who qualifies as a "neighbor" owed a duty of care in negligence cases.
1) An occupier is someone who has control over a structure like a house, building, vehicle, etc. and owes different duties of care to people on the premises depending on their status.
2) Occupiers owe the highest duty to contractual entrants like tenants or hotel guests. They must ensure the premises are safe. For ancillary entrants like cinema patrons, the duty is to take reasonable care to ensure safety.
3) Invitees such as customers have a right to be on the premises and occupiers must use reasonable care to prevent damage from unusual dangers they know or should know about. Licensees like party guests must be warned of concealed dangers. The duty to trespassers depends on
P can be found contributorily negligent if their actions were reasonably foreseeable to cause harm and they failed to act as a reasonable person. The elements of contributory negligence are foreseeability of harm and causation between the plaintiff's actions and their damages. Some examples of contributory negligence include riding in an unsafe position on construction equipment, failing to follow safety instructions, not wearing a required helmet, boarding a moving bus, or getting into a car with a drunk driver. Minors may also be contributorily negligent depending on their age and maturity. When determining damages, the court will apportion liability based on the relative fault of the plaintiff and defendants.
The document discusses the legal standard of care known as the "reasonable man" and factors that can affect what is considered reasonable in different situations. It analyzes several past negligence cases to illustrate how the standard of care is determined, including considering the characteristics of the defendant and claimant, the size of the risk, precautions taken, and benefits of taking a risk. Special care may be needed for professionals, people with disabilities or illnesses, emergencies, and greater known risks.
The document discusses the rule of strict liability established by Rylands v Fletcher and its exceptions. The Rylands v Fletcher case established that a person is strictly liable for damages caused by anything dangerous they bring onto their land that escapes and causes harm, even if they were not negligent. The key exceptions to this rule of strict liability are acts of God, acts of third parties, the plaintiff's own fault, when the act is authorized by statute, and when the plaintiff has consented to the presence of the dangerous thing.
This document summarizes various topics in tort law, including strict liability, abnormally dangerous activities, products liability, and other intentional and dignitary torts. It discusses how strict liability applies to abnormally dangerous activities and defective products. It also outlines the factors courts consider to determine if an activity is abnormally dangerous. The document concludes by describing the types of damages, including compensatory and punitive damages, available in tort cases.
This document provides information about tort law, criminal law, and some famous business crimes. It defines tort as a civil wrong committed against another individual. The three main types of torts are intentional torts, negligence torts, and strict liability torts. Criminal law requires an act and intent, with crimes classified as mala in se or mala prohibita. White collar crimes and crimes against business like embezzlement, fraud, and forgery are discussed. Defenses to crimes include mistake of fact, duress, and entrapment. Famous business crimes summarized include the Enron and WorldCom scandals.
This document provides an overview of tort law, including:
1) Defining a tort as the breach of a general duty fixed by civil law, with the goal of compensating victims.
2) Comparing torts to crimes, which aim to punish wrongdoers, and breaches of contract, which enforce promises.
3) Noting some torts require proving fault like intention or negligence, while others use strict liability.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
1) Negligence requires proving duty of care, breach, and damage. Duty of care means the defendant owed a reasonable duty to the plaintiff. Breach means the defendant failed to meet the standard of care, and damage means the plaintiff suffered harm as a foreseeable result.
2) Common law established the neighbor principle - one must take reasonable care to avoid harming others who could foreseeably be injured. Later cases confirmed but limited this to consider other factors like proximity and public policy.
3) Statutes also establish duties, like occupiers owing a duty of care to visitors under the Occupiers Liability Act. This requires occupiers take reasonable care for visitor safety given the invitation and circumstances.
T1, 2021 business law lecture week 5 - law of torts - negligence 1markmagner
The document discusses the key elements of negligence claims under tort law. It begins by defining a tort and distinguishing torts from contracts and criminal law. It then outlines the four elements needed to prove negligence: (1) a duty of care owed by the defendant; (2) a breach of that duty through unreasonable conduct; (3) harm caused to the plaintiff; and (4) a reasonably close causal connection between the breach and harm. The document provides examples of cases that further explain these elements and the defenses of contributory negligence and voluntary assumption of risk.
This document summarizes equitable remedies available under equity law, including injunctions and specific performance. It discusses the circumstances in which these remedies may be granted or refused by courts. Equitable remedies are designed to supplement common law remedies and are granted at the court's discretion to redress wrongs. Specific performance allows a court to order a party to carry out contractual obligations, while injunctions can be prohibitory (to refrain from an act) or mandatory (to perform an act). Courts will consider factors like adequacy of damages, claimant's conduct, readiness to perform contractual obligations, and delay or acquiescence when deciding whether to grant equitable remedies.
This document contains revision questions on various legal topics including:
1. Strict liability and absolute liability
2. Actus reus and causation tests
3. Insanity and automatism defences
4. Non-fatal offences against the person
5. Theft and dishonesty
6. Intoxication as a defence
7. Self-defence and mistake
It provides definitions, legal principles, cases and questions to test understanding of these key areas of criminal law.
The document discusses the tort of negligence. It defines negligence as a carelessness amounting to a breach of duty that causes foreseeable harm. To establish negligence, a claimant must prove the defendant owed them a duty of care, breached that duty, and caused harm. The standard for determining breach is reasonableness. Contributory negligence can reduce damages if the claimant also acted unreasonably. The landmark case Donoghue v Stevenson established the modern duty of care by recognizing liability for harm from defective products.
Torts lecture 3 Concepts maxims-1 tort against person, property, trespass,etc...SajadHussain59
This judgment from the High Court of Sindh concerns a case between the Pakistan Pharmaceutical Manufacturers' Association and the Controller of Patents. The Association filed applications challenging the patent granted to a pharmaceutical company. The High Court analyzed issues relating to patentability criteria such as novelty, inventive step, and industrial applicability. It also discussed the definition of "pharmaceutical substance" and examined whether the patent met the criteria. Ultimately, the Court set aside the patent, finding it did not satisfy the requirements to qualify as an invention within the meaning of patent law.
This document summarizes a Rhode Island Supreme Court case regarding personal jurisdiction. The Court held that personal jurisdiction did not exist over a Texas-based bank or a Florida resident in a dispute over rescinded payments. The bank's activities like advertising and online banking in Rhode Island were not enough to be "at home" there for general jurisdiction. Specific jurisdiction was also lacking as the bank's actions on behalf of the Florida resident did not create sufficient contacts with Rhode Island.
Countdown to 2021: 60 Important Supreme Court Decisions for Rhode Island Civ...Nicole Benjamin
As we countdown to 2021, we look back on the important civil decisions of the past five Rhode Island Supreme Court terms and the issues of first impression, practice pointers, and significant holdings that fill the pages of the Atlantic Reporter.
Tort law provides remedies for legal wrongs committed against individuals. It aims to compensate victims for injuries caused by others' wrongful conduct. There are two types of torts - intentional torts that involve intended harmful acts, and negligence which involves careless behavior that causes unintentional harm. Product liability falls under tort law, allowing consumers to sue sellers for damages from defective products.
The document provides an overview of the key concepts and principles of negligence law in the UK civil legal system. It discusses three main points:
1. Negligence exists within civil law and allows compensation if a claimant can prove another has acted negligently according to the rules.
2. It outlines the three main elements to prove negligence: that a duty of care existed, this duty was breached, and the breach caused damage.
3. It examines these elements in more depth, explaining concepts like the duty of care, reasonable person standard, breach of duty through failure to meet the standard of care, and causation through the "but for" test and foreseeability of damage.
This document provides an introduction to the law of torts. It defines a tort as a civil wrong that gives rise to a remedy of unliquidated damages and is independent of contract. The three elements of a tort are a wrongful act by the defendant, legal damage to the plaintiff, and the wrongful act must be of a nature that allows legal remedy through damages. Torts can involve personal wrongs like assault, property wrongs like trespassing, or general wrongs like negligence. Available remedies for torts include judicial remedies like damages and injunctions, as well as extra-judicial remedies like self-defense and abatement of nuisance. Defamation involves wrongfully injuring someone's reputation through libel
1) Woodlot owners have legal responsibilities and risks regarding trespassers and other users of their land under criminal law, civil liability, and acts like the Occupiers' Liability Act.
2) Criminal offenses on private woodlots can include trespassing, theft, dumping, and arson. Woodlot owners are justified in using reasonable force to remove trespassers.
3) Civil liability risks include negligence claims and "strict liability" for damage caused by risks escaping a landowner's property. Landowners owe a duty of care to all users of their land.
1) The document discusses negligence claims and defenses against negligence claims. It provides activities to help describe elements of negligence, defenses to negligence, and how negligence applies to landowners.
2) The activities are designed as games or group discussions and include questions about different negligence concepts like duty of care, proximate cause, defenses like contributory negligence, and scenarios analyzing negligence of landowners.
3) The document also covers intentional torts, providing an activity where groups research and present on specific intentional torts like battery, assault, and defamation. The activity addresses elements, defenses, and examples for different intentional torts.
Week 2 of the business law course covers the topic of torts. It defines a tort as a civil wrong or injury other than breach of contract. Torts can be classified into three main categories: intentional torts, negligence, and strict liability. Intentional torts involve willful acts that cause personal harm, such as assault, battery, and defamation. To prove negligence, one must show that the defendant had a duty, breached that duty, and caused actual damages. Strict liability imposes liability even without a finding of fault if the defendant engaged in an ultrahazardous activity. The document also discusses elements of various torts, defenses, types of damages, and how to brief a case using IRAC.
This document provides an overview of tort law. It defines a tort as a private wrong that injures another person, and a tortfeasor as the person committing the tort. It discusses the differences between tort and criminal law. It covers various intentional torts like battery, false imprisonment, defamation, and intentional infliction of emotional distress. It also discusses negligence, strict liability, defenses to negligence, and remedies for torts. Key topics include duty, breach of duty, proximate cause, actual harm, contributory and comparative negligence, assumption of risk, and injunctions.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
The line between EAP and staff is often very distinct, for reasons of confidentiality. This presentation provides options for staff, supervisors and management to greater strengthen EAP usage, while maintaining confidentiality.
Overcoming mental health and addictions within community and the workplace is not easy. Learn simple tools that community and workplace leaders can use to combat common mental health and addiction issues.
The Aboriginal Friendship Centre of Calgary in partnership with Alberta Health Services, and the Tsuut'ina Nation, provided an exceptional program to offset the high risk of suicide among at-risk indigenous youth. This program provided new healthy, self-esteem building options, for at-risk youth from Calgary group homes and the community at large.
Patients facing chronic illness re-frame their definition of wellness and manage to cope in spite of adversity. This patient led research project delves into the myriad ways that those suffering from chronic illness chart a new path for themselves.
Peformance Management and EAP Best PracticesCG Hylton Inc.
This webinar will examine how EAP services can help organizations to enhance their performance management programs. The webinar will provide practitioners with a greater understanding of effective performance management and the common barriers that can affect a wide variety of organizations. The webinar will pay special attention to how EAP services can broaden their scope and value by helping organizations to implement and sustain performance management programs that work.
Learning objectives:
1. Understanding effective performance management and identifying potential barriers.
2. Providing services designed specifically to help organizations enhance their performance management programs.
3. Adding value to current EAP services through performance management support.
For additional handouts please email chris at hylton dot ca
This webinar will review documentation best practices for EAP providers. The webinar will pay special attention to EAPA Standards and Guidelines for program records. We will also review protocols for preserving confidentiality and discuss processes for releasing information with and without consent. The webinar will present the challenges of documenting electronic communications in EAP services and provide strategies to overcome these challenges.
Learning objectives:
1. Understanding documentation and records management, including electronic documents.
2. Understanding EAPA Standards and Guidelines for program records.
3. Understanding and communicating protocols for confidentiality and release of information.
For additional handouts please email the author chris at hylton dot ca
Understanding general rules around corporate governance
Understanding the duties of directors
Understanding the impact of strong electoral policies and guidelines for elected officials
Identifying the 12 things that EVERYONE gets wrong about financial planning, Understanding insurance, Demystifying savings and investments, Wading through the banking and lending challenges, Effective tax and estate planning
This document summarizes Chris Hylton's experience in an active living program. Some of the benefits he experienced include improved fitness levels, making new friends in running groups, and building a running shoe collection. However, he also faced skepticism from neighbors and developed a mysterious illness. After ruling out other causes, his doctor diagnosed him with arrow phobia based on his exposure to arrows in the program's fitness tests and materials. Chris eventually concluded that exercise is unnecessary and people can celebrate health indoors without it.
Mindful employer program 2015 easna institute clearwaterCG Hylton Inc.
This document summarizes a presentation about supporting workplace mental health. The presentation discusses the different perspectives of managers and employees, with managers focused on tasks and customers while employees are more concerned with mental health, emotions, and personal goals. It suggests that managers could better support mental health by being more sensitive to employee needs, like a dog's sensitive sense of smell. The presentation promotes becoming a "mindful employer" through developing mindful managers, promoting mental health awareness, and eliminating stigma around seeking help. It provides resources for workshops, training champions within organizations, and supporting employees with mental illness concerns.
The C Suite, EAP and Organizational Mental HealthCG Hylton Inc.
How Managers Make a Difference in Organizational Health
EAP in the C Suite: Influencing Organizational Health.
The productivity of any organization is dependent on a number of factors: leadership, teamwork, engagement, morale, as well as employee well-being. The EAP, while concentrating on employee mental health and wellness, has the opportunity to link directly into adjacent areas. Why is it problematic? Not only do most organizations fear scrutiny, and change, but employees are mindful that the confidential EAP is there for the employees and their dependents, not so much the employer. They know the EAP is not a vehicle for rants or critiques of the organization, and above all else they are keen not to breach EAP confidentiality. So how does one square this circle?
Reaching beyond the traditional bounds of EAP requires imagination, courage, and a desire for change in organizational culture. Working closely with the Executive team or the Human Resource department, which is always committed to better engage staff and management, the EAP can provide certain baseline information to guide the engagement process. Without compromising confidentiality, the keystone of any EAP, the EAP can at intake or follow up, add in generic quality of workplace, engagement, and job satisfaction questions, where aggregated data to ensure confidentiality, would complement other data gathering processes.
In this way the EAP could serve as a thermometer of corporate health and wellness. Problematic areas could be defined in more detail with a larger employee sample, and further engagement processes with staff developed.
Through staff focus groups, interviews or other engagement sessions, the EAP could lead the charge about broadening the EAP from simply being a mental health and wellness program for employees to a broader mandate.
Traditional EAP clinical usage data, when married to organizational mental health data manifested in a myriad of files relating to critical incidents, lost time accidents, disability claims, prescription drug usage, employee satisfaction survey data, and other employer files, can yield a wealth of knowledge about how to improved employee and corporate health and wellness, along with the bottom line.
File management is key to managing the ever increasing forms, letters, documents, agreements, that flow within the organization. Learn how to do this effectively.
This document provides an overview of a conference on conflict resolution presented by Chris Hylton. Some key points discussed include understanding perceptions and root causes of conflict, learning from how animals avoid conflict through senses like smell, exploring Maslow's hierarchy of needs in relation to conflict, and introducing the "win-win" approach to conflict resolution through cooperative problem solving. Communication techniques for active listening and dealing with difficult emotions were also covered. The presentation addressed various types of conflicts such as those between employees and managers, with elected officials, youth, and between different cultures.
Chris Hylton, a benefits and HR consultant, gave a presentation on wellness and benefit planning. He discussed types of benefit plans like fully insured, ASO, and flex plans. Joint purchasing allows for more flexibility and customization of benefits. Benefit trends include rising drug costs, especially for biologics, and a focus on health and wellness programs to address chronic diseases and improve employee productivity. Carrier programs use electronic claims submission and audits to reduce costs. Flexible spending accounts and wellness initiatives were recommended.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like anxiety and depression.
Hidden Pathways Thru Chronic Illness - PROMS Forum Nov 28 2014CG Hylton Inc.
See how a team of patient researchers (PaCERS) helped those with chronic illness find new meaning and strength thru and in spite of their illness. Audio recording of the session is available here https://connectmeeting.ucalgary.ca/p5dw8dib86t/
Occupational health and safety has to be adapted for the aging workplace in order to be effective. By integrating best practices for the aging worker, OH&S may successfully be integrated into an organization's culture and safety is assured, every step of the way.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
MATATAG CURRICULUM: ASSESSING THE READINESS OF ELEM. PUBLIC SCHOOL TEACHERS I...NelTorrente
In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
Thinking of getting a dog? Be aware that breeds like Pit Bulls, Rottweilers, and German Shepherds can be loyal and dangerous. Proper training and socialization are crucial to preventing aggressive behaviors. Ensure safety by understanding their needs and always supervising interactions. Stay safe, and enjoy your furry friends!
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
1. VII The Tort of Negligence
Privacy
Human Rights
SWOT
Review
NAIT Bus Law
April 2, 2006
Part 3
1
2. Tort Law Pg 19
A: A civil wrong (between individuals)
When an intentional or careless act harms
another
Injured party usually sues for monetary
compensation
B: Purpose to compensate victim
C: to determine liability
– person at fault pays
– Strict liability – did act reasonably
– Vicarious liability
2
3. Torts p 19
Because Torts is a "common law” (court
developed) area of liability, it requires
judges to interpret and apply earlier
precedents.
Torts is still very much a live subject
For example, they have created new areas
of liability for negligent statements and
financial loss, or for car accidents when
automobile was invented
3
4. Liability for businesses p 19
Directly
Indirectly
Careful HR practices, hiring, training,
performance appraisals
See Rylands v Fletcher case p1 (case handout)
4
5. Categories of Tort pg 20
Intentional or Careless or
deliberate acts negligent acts
that cause that cause
injury or loss injury or loss
On purpose Accidental or
unintentional
5
6. Intentional Torts pg 20
Intentional conduct that causes injury
Examples
– Assault and Battery
– Trespass to Land
– False Imprisonment
– Nuisance
– Defamation
Courts may award punitive damages
6
7. Intentional Torts pg 20
Assault and Battery
– Assault - where there is fear of
contact
– Battery - least touching in
anger
Defenses
1. Consent (informed)
2. Self-defense (reasonable
force)
R. v McSorley (case handout)
7
8. Trespass on Land pg 21
entering another’s land
without authority
– permission implied for business
offering public services
Occupier owes only minimal
duty to trespasser
Continuing trespass remedied
by injunction
8
9. False Imprisonment pg 22
The unlawful and Restraint may be
intentional restraint justified if the
of a person against trespassing person
his/her will has done something
Restraint must be s/he can be arrested
total for – ie robbery
Victim must submit
or be forced to
comply
9
10. Private Nuisance pg 22
Private nuisance interferes with
another’s use of his/her property
Interference must involve unusual
activity
10
11. Defamation pg 22
A false statement about someone to his
detriment - must be published or broadcast
Slander - spoken defamation
Libel - written defamation
Note the innuendo
11
12. Defamation/2
Defences
1. Truth (Justification)
2. Absolute Privilege
3. Qualified Privilege
4. Fair Comment
But mistake is no defence
12
14. Negligence pg 23
Inadvertent, careless conduct that
causes injury to another
Important area of tort liability for
professionals
14
15. Negligence A – D pg 24
Essential Elements:
A: A duty to exercise care
B: Breach of the standard of care
C: Causation – The act caused the
injury
D: Damages -Victim suffered a loss
15
16. Reasonable Person Test
Reasonable person is a prudent person
exercising care
– conduct falling between
average and perfect
– Like par in golf
16
17. Is a Duty Owed?
Reasonable Foreseeability Test
- If it would be apparent to a prudent person that
the conduct was likely to cause injury - duty is
owed.
We owe a duty to anyone we can
reasonably anticipate might be harmed by
our conduct
17
18. A - Duty of Care
Misfeasance
– an act that causes harm to another
– court will provide remedy
Nonfeasance
– a failure to prevent an injury
– courts reluctant to provide remedy
If a person attempts to help there is a duty to exercise
reasonable care
Courts reluctant to provide remedy without special
relationship
18
19. B – Breach of a Standard of Conduct
What would a reasonable person have done
in the circumstances?
Actions that fall below socially acceptable
standards create liability for damages
Risk - The greater the risk of injury the
higher the standard
Note Reasonable expert
19
20. Special situations
- Children liable for their torts
– standard is that of a reasonable child of that age
- Occupiers must take reasonable steps to
protect visitors
- Innkeepers must look after property of guest
- Note modification of duty by statute
20
21. C - Causation
There must be injury or damage
Which was a direct result of the careless
conduct
Note thin skull rule
21
23. Defenses to contributory neg pg 26
Contributory negligence
– plaintiff partially responsible for own loss
– This used to be a complete defence
Negligence Act now allows court to apportion
responsibility
23
24. Defenses/2
Voluntarily assuming the risk
– a person who volunteers to enter a situation where
the risk of injury is obvious cannot recover
damages
– But must assume the legal risk as well
Note Crocker v Sundance case (p 2 case
handout)
24
25. Occupiers Liability pg 26, 27
Applies to owner or renter
Duty of care owed by occupier to
– Visitors
– Trespassers – adult, child
Applies to
– Conditions, sidewalks, holes, floors, stairs
– Activities, hot tubs
– Conduct of third parties
Reduce risk – waivers, signs, safe practices
25
26. Alcohol related pg 27, 28
Commercial hosts
Stewart v Pettie p 3 case handout
Employer parties
Jacobsen v Nike Canada p 4 case handout
26
27. Other business torts pg 28
Inducing breach
– Persuading person to breach contract
(inducement)
– Enticement – competitor
Fraud – Vancouver used car dealers CTV
show W5 and APA found 60% of cars offered
were odo rollbacks or wrecks welded together
Conversion – selling car don’t own
Trespass to chattels – damaging others
property
27
28. Other business torts ctd pg 29
Passing off
– Product offered in misleading way
– Mail scams
– Advertising with misleading photos
Trade slander or defamation
– Making false statements about plaintiff’s products
or services that hurt plaintiff
28
29. Discussion – Case Study
A 13 year-old defendant threw nitric acid at the 12
year-old plaintiff walking by his home. She suffered
severe burns to the back of her right leg and required
skin grafts. She has permanent cosmetic
disfigurements. The boy hid the nitric acid from his
parents. In an action for personal injuries, the plaintiff
sues the boy in tort and his parents in negligence
claiming they knowingly permitted their son to have a
dangerous substance.
Issues:
Is the boy liable for the injuries he caused?
Is his infancy a defence?
Are his parents liable in negligence for permitting him
to possess this substance?
29
30. Pollock et al. v. Lipkowitz et al. (1970), 17 D.L.R. (3d) 766 (Man. Q.B.)
Decision: Bastin J. concluded the boy was liable
but his parents were not. This was not an
appropriate case to award punitive damages
Reasons: Infancy is not a defence to a tort action.
The boy must be responsible for the injuries he
caused given that he was of normal
intelligence, knew the dangers of nitric acid and
had the antidote for nitric acid burns. It is not
relevant whether he intended to throw the acid on
the plaintiff or merely scare her since his actions
caused the injuries.
30
31. Reasons ctd
His parents are not liable because it would not occur
to even the most conscientious parent that a child
could obtain such a dangerous substance. There is a
great deal of difference between a harmless chemical
found in a child’s chemistry set and commercial
nitric acid.
Further, the boy concealed the nitric acid from his
parent. They were unaware of his possession of it.
As such, they were not negligent and did not
contribute to the injuries.
31
32. VIII Privacy Law pg 29, 30
Pragmatic solutions
HR Issues
Getting employee
buy-in
Lessons learned
32
33. Breach of Privacy pg 29
Privacy legislation prohibits using another
person’s name or photograph without
permission
Note application of Federal Personal
Information Protection and Electronic
Documents Act
33
34. Security and Privacy
Misuse of private information growing
concern
Care must be taken about giving personal
information over the internet
Unauthorized interception of private
communications difficult to control
Data stored on computers is vulnerable to
hackers
34
35. Employee Access
Ees have a right of access to their own
information
They have the ability to request correction of
errors
Should include access process in your policy
When an organization collects personal
information from an individual, it must give
notice of the purpose of collection and a
contact for questions
35
36. Informal Openness
Employers should allow employees to
access their own personal employee
records without needing formal request
for access under PIPA
A call to HR should permit the ee to
obtain the information they need
36
37. Purpose of Privacy Policy
Correct a situation
Prevent a situation
Outline rules or regulations
Ensure consistency within the
organization
Demonstrate due diligence
Support privacy complaint
resolution
Educate
37
38. HR Policies
Don’t have any – get some
– Develop a team
– Review
– Revise
– Keep current
– Three ring binder
Integrate privacy policies into overall co
policies
38
39. How to Involve Staff
Since staff are most affected by
policy, it is wise to involve
them
How much should staff be
involved depends on how you
want to spent the time
Time spent with staff in
advance is inversely
proportional to time spent
fixing things
39
40. Build privacy policy from
ground up
The worst situation is where
consultants “hit & run”
Privacy policies should be
developed by staff and managers
who use them
They can reflect values the
organization wants to exhibit
Ab reasonableness test
40
41. Privacy Gap Analysis
Files
Forms
Employe
e
Practices
HR
Payroll
Gap Standardized Forms
Analysis
Awareness
Information
Requests
Employee Driven
41
43. HR Audit Conduct an information audit:
who what, why, where and
how? Consider employee
involvement or their reps
Stop collecting personal
data that is irrelevant or
excessive
Ready - Ensure that workers
are aware of their individual
responsibility
Go – implement your
information policy and
review it on a regular basis
43
44. Privacy Policy Summary
Developing policies, procedures and
practices is a practical way of minimizing
employer risk of non-compliance
Policy should reflect values and direction of
the organization
Should assist the organization, not hinder it
Lastly they are a guide for staff, not a
substitute for good privacy management
44
45. Privacy Officer
Privacy Coach
Responsible to assist
individuals with concerns or
requests regarding
Access, collection, use or
disclosure of their own
personal
information, including
personal employee
information
45
46. Employee Information
The act specifically says that organizations
may collect personal employee info without
consent if the individual is an employee of the
organization, or the info is for recruiting
purposes
Orgs may not collect personal info unless the
collection is for reasonable purposes and is
related to the employment or volunteer work
relationship
46
47. Recruiting Info Sources
Your notes
Other peoples notes
Your forms
Your written comments
Who has access
Your policies
Your memos
47
48. Recruitment
Employers will be able to collect, use and
disclose certain employee information
without consent when it is reasonable to do
so.
What is reasonable?
Extension of existing Human Rights
legislation
Source OIPC
48
49. Recruitment
At hire - opportunity to have
employee consent to use of their
info while employed and after
If the employee is not hired, the
org must destroy the info, or
give it back to the individual,
unless that individual consents
otherwise
If keep resume on file, say for
how long, then destroy
Source Bill 44
49
50. Definition of Employee
Includes
apprentices, volunteers, participants, stu
dents, and individuals under contract to
an organization
Your policy should include all
May wish to include your Board of
Directors as well
50
51. Employee calls in sick
Er may ask for general
information necessary for
operation of the position
how long the employee
is expected to be away
from the workplace and
an date of return to work
Doctor’s note
No diagnostic info pls
51
52. Reference Checks
Only an individual's name and title is
public, most other information requested
for in a reference is considered personal
Many organizations have chosen not to
provide references of any kind, even
prior to privacy legislation concerns, due
to the potential risk of litigation.
52
53. Little risk of privacy implications with this
approach, however, it may not be in the best
interest of your organization
The goodwill of your organization in the minds
of former employees who left on good terms may
suffer, as they may have difficulty securing
employment without a reference
Morale – be reasonable, get consent
Rule of thumb – state facts not opinions, don’t
day anything you wouldn’t say to their face
Try to control ees providing references directly –
control info flow – tough to do, but worthwhile
53
54. You may wish to confirm employment
dates, titles and salaries only, with the
provision of a signed authorization by
the former employee.
May be done at time of request or
include at employee hire
Have departing employees complete a
standard Reference Authorization Form
detailing what specific information you
can release, to whom you can release it
and for what period of time.
54
55. You receive a call from a potential employer
requesting a reference
Prudent to request that they provide you with
authorization in writing from the former
employee via fax, unless you have an auth on
file
Compare signatures on file
55
56. EAP
Er should not get involved in EAP
Be very careful about release of any info
EAP counsellor usually owns the info
under contract, and the employer should
not have any access, except in very
specific situations like return to work, or
danger, or managed referrals
EAP counsellor should obtain consent
from ee
56
57. “Mortgage” Letters
Information like status (full
time or part-time), date of
hire, salary is personal
The employee would
specify exactly what
information is to be
released and to whom
Handle in hire letter
57
58. Duplicate Personnel Files
Managers often keep personal notes and
information about staff in duplicate corp files
Risky practice from more than just a privacy
perspective
Should an ee file a complaint under Human
Rights, Employment Standards or launch a civil
suit against an employer, documents contained
in both the manager's file and the official file are
subject to subpoena and disclosure
HR File Audit – Boy Scouts said it best “Be
Prepared”
58
59. Access to ee info
Differing departments need different
information about an employee
Not all need to see everything
Segregating certain types of employee
information as separate files or within
the file with different access protocols
would help
59
60. Benefits
How does your carrier
measure up?
You are responsible
What about employee
medical claim information?
Pensions, RSP’s, who has
access to information
60
61. Benefits
Census data for quotes
– No need to name names in lists of ees
Medical info
– Try and have carrier deal direct with ees
– Make experience info generic – no need to name
names
– ie. LTD claim, position title, medical
condition, mo benefit amt, start and expected end
date
61
62. When can opt-out consent be
used (aka negative option)
Notify the employee of the
purpose for which the
information is being
collected, used and disclosed
Allow the ee a reasonable
period of time to decline or
object to the proposed
collection, use or disclosure
62
63. Home Address
Home address is personal
information
Disclosure to third parties, must
be authorized by the employee in
writing
If your org has vendor
arrangements, the best approach
would be to have ees give
consent at hire
63
64. Ees are responsible too
No ee should disclose personal info on
staff, or use for their own personal purposes
Organization should have clear rules for itself
and its ees
Education is key
64
65. Monitoring Ees at work
• Monitoring,
listening, tracking
Ee activities is
controversial
• Ers can do it, but
tell people you are
doing it or may be
doing it
•Must have a reason
– can’t go fishing 65
66. Privacy Review
Put someone in charge
Understand the requirements
Review how you handle personal information
Test to see if you are compliant
Develop privacy policies and practices
Develop access and complaints processes
Review and revise forms
Review and revise contracts with third parties
Train staff
66
67. IX
Charter & Human Rights pg 44
When does it apply
Not to private matters
67
68. What rights are covered? Pg 45
Fundamental freedoms
Democratic
Mobility
Legal
Equality
Language
68
69. Charter Limitations pg 46
Reasonable limits
Notwithstanding clause
Keegstra p 6 case handout
69
70. Courts role pg 46, 47
Judges can rule other laws invalid if they
violate the Charter Section 52
24(1) Askimov case
24(2) evidence obtained in violation of
Charter
70
71. Ab Human Rights pg 47
Must fall in protected area and grounds
Who to complain to?
Ab Human Rights & Citizenship Commission
Within 12 mos
71
72. Process pg 48
Officer will try to resolve
Investigate
Panel
Enforcement thru courts
72
74. Are there some questions I can’t ask
in the interview?
74
75. Question Can’t ask Recommended
Gender, marital Plans for Availability for
status, family marriage, family work including
status childcare, gender, shift work, travel
marital status
Languages Ability in Ability in
languages not language required
required for job for job
Age Specific age Old enough to
work legally in
Alberta
75
76. Question Can’t ask Recommended
Name Maiden name, Previous names,
reference to name only if needed
origin to verify past
employment /
education
Race, colour, Place of birth, Legally
ancestry place citizenship, racial permitted to
of origin origin, next of kin work in Canada
76
77. Question Can’t ask Recommended
Photo- For as they can In rare situations
graphs reveal race, gender modelling,
entertainment
Clubs or Specific inquiries In cases where the
organiz- about memberships club or org are job
ations that would indicate related
race, religion….
Height & Min or max height Describe job
Weight weight norms duties that require
certain physical
requirements
77
78. Question Can’t ask Recommended
Disability General disabilities, Offer contingent
present or past health, upon satisfactory
WCB history job related
medical
Smoking Asthma, respiratory Working in Smoke
free env
Source of Anything unrelated to Job related info
income job about prev jobs
Education Religious or racial
affiliation of Education
Religious Holidays, customs Job related info
beliefs about prev jobs
78
79. BFOR pg 49
Bona fide occupational requirement
Meiorin Case p 8 case handout
79
84. S.W.O.T. Analysis (not in texts)
Factors Internal
Strengths Weakness
to Organization
Factors External Opportunities Threats
to Organization
84
85. SWOT: Description
A SWOT analysis generates
information that is helpful in matching
an organization’s goals, programs, and
capacities to the environment in which
it operates
It is an instrument within strategic
planning
When combined with dialogue it is a
participatory process
85
86. Simple Rules for SWOT Analysis
Be realistic about the strengths and weaknesses
of your organization or group
Distinguish between where your organization is
today, and where it could be in the future
Be specific: Avoid gray areas
Always analyze in relation to your core mission
Keep your SWOT short and simple
Avoid complexity and over analysis
86
87. Strengths
Consider from both the view of the org as
well as customers, competitors and
community members
Be realistic
One’s strength is another’s weakness
Questions:
– What is org’s advantages over others?
– What does the org do well?
– What makes you stand out from your
competitors?
87
88. Weaknesses
Consider from internal and external
viewpoint
Be truthful so that weaknesses may be
overcome as quickly as possible
One’s strength is another’s weakness
Questions.
– What is done poorly?
– What can be improved?
– What should be avoided?
88
89. Opportunities and Threats
Primarily external in nature
Represent characteristics of:
– the research environment
– growth in potential markets
– changes in the
competitive, economic, political/legal, technolo
gical, or socio-cultural environments
A threat to some is an opportunity to another
89
90. Questions on opportunities
– Is there a product/service area that others have
not yet covered?
– Are there emerging trends that fit with your
company's strengths?
Questions on threats
– Are your competitors becoming stronger?
– Are there emerging trends that amplify one of
your weaknesses?
90
91. For a company a strength could be:
marketing expertise
location of your business
innovative product
Image
Your quality of service
Your reputation
any other aspect that adds value to your
product or service
91
92. For a company a weakness could be:
lack of marketing expertise
undifferentiated products and service (i.e.
in relation to your competitors)
location of your business
damaged reputation
92
93. For a company an opportunity could be:
a developing market such as the Internet.
mergers, joint ventures or strategic
alliances
a new market
a market vacated by an ineffective
competitor
any external factor that may create demand
or the possibility for increased profitability
93
94. For a company a threat could be:
a new competitor in your market
price wars with competitors
a competitor that has a new, innovative
product or service
competitors have superior access to
channels of distribution
94
95. Expanding Your SWOT Analysis
Delve deeper into the details
Include more detailed competitor
information
Take a closer look at the business
environment.
Expand the reach of a SWOT analysis
through surveys.
Customer surveys
95
96. Word of Caution:
– SWOT analysis can be very subjective.
– Do not rely on it too much.
– Two people rarely come-up with the same
final version of SWOT.
96
97. Review, Reasons for JV Failure
P 9 JV booklet
1. Cultural differences
– Cross cultural training
– History of working together
– Successes early on
Poor or unclear leadership
– good communications
– clear decision making roles
– clear governance and accountability strategies
Poor integration process
– Capital contribution (money at risk)
– Clear dispute resolution process
97
98. Review Business Orgs 51, 52, 53
Taxation
Sole prop – not taxed on community
Partnership – same
Corp – separate entity, therefore taxed unless owned
by band then treated as a municipality. Ees working
for Corp on community are not taxed if Treaty
Name registration
– Protects names from other use
– Provides credibility and business number
– Avoids conflict where another business is operating under
same name
98
99. Exam
1. One mark for choice of ADR and 3 marks for
reason, total 10 marks. P 17
2. One mark for element and 1 mark for
description. Total 10 marks. P 31
3. A, B, C One mark for structure and one mark
for explanation/ description. One mark for
choice and one mark for each reason. Total
10 marks p 52, 53, 54
4. One mark for each reason and one mark for
each explanation. Total 10 marks. P 9.
99
100. Our offer to you
Please call if you have any HR, or workplace
issue that you are overwhelmed with
We can help you
We also are pleased to do Free Workshops for
your organization (some limits apply) Let us
know what your needs are and we will make it
happen!
100
101. CG Hylton - Services
HR Consulting Benefits, Pensions,
Job Descriptions EAP
Salary Grids Strategic Planning
Wellness at Work Drug and Alcohol
programs
Staff Morale
Dept re-orgs
Training and
Workshops Leadership
compensation
Tel 403 264 5288
chris@hylton.ca
101
102. Chris Hylton would like to
thank you for your attention
and time!
Questions?
Tel 264-5288
chris@hylton.ca
102