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Derived from the renowned multi-volume International Encyclopaedia of Laws,
this book provides ready access to how the legal dimension of prevention
against harm and loss allocation is treated in Canada. This traditional
branch of law not only tackles questions which concern every lawyer, whatever
his legal expertise, but also concerns each person’s most fundamental rights
on a worldwide scale.
Following a general introduction that probes the distinction between
tort and crime and the relationship between tort and contract, the monograph
describes how the concepts of fault and unlawfulness, and of duty of care and
negligence, are dealt with in both the legislature and the courts. The book
then proceeds to cover specific cases of liability, such as professional
liability, liability of public bodies, abuse of rights, injury to reputation
and privacy, vicarious liability, liability of parents and teachers, liability
for handicapped persons, product liability, environmental liability, and
liability connected with road and traffic accidents. Principles of causation,
grounds of justification, limitations on recovery, assessment of damages and
compensation, and the role of private insurance and social security are all
Its succinct yet scholarly nature, as well as the practical quality of
the information it provides, make this book a valuable resource for lawyers
Canada. Academics and researchers will also welcome this very useful
guide, and will appreciate its value not only as a contribution to comparative
law but also as a stimulus to harmonization of the rules on tort.
The Authors. Short Explanatory Introduction. Quebec. List of
Abbreviations. general Introduction. Selected Bibliography. Part I.
Liability for One’s Acts Chapter 1. Fault. Chapter 2. Capacity.
Chapter 3. Specific Cases of Liability. Part II. Liability for Acts
of Others (Vicarious Liability) Chapter 1. Parents, Educators, Guardians.
Chapter 2. Employers. Part III. Liability for Things under One’s Care
Chapter 1. General Liability. Chapter 2. Liability for Damage Caused by
Animals. 1. Conditions of Liability. Chapter 3. Liability for Damage Caused by
Buildings. Chapter 4. Liability for Damage Caused by Automobiles. Chapter 5.
Liability for Manufactured Products. Part IV. Defences and Exemption Clauses
Chapter 1. Limitation of Action. Chapter 2. Excuses and Justifications.
Chapter 3. Exemption Clauses. Part V. Causation Chapter 1.
Concept. Chapter 2. Contribution to Damages. Part VI. Remedies
Chapter 1. Damages: General Rules. Chapter 2. Damages: Specific Awards.
General Conclusion. Common Law Canada General Introduction. Part I.
Liability for One’s Own Acts Chapter 1. Fault: Negligence – General
Principles. Chapter 2. Specific Cases of Liability. Chapter 3. Intentional
Torts. Part II. Liability for Acts of Others Chapter 1. Parents
and Teachers. Chapter 2. Employers: Vicarious Liability. Chapter 3. Animals,
Fires, and Things. Part III. Forms of Strict Liability Chapter 1.
Rylands v. Fletcher. Chapter 2. Road Traffic Accidents. Part IV.
Defences Chapter 1. Defences to Intentional Torts. Chapter 2. Defences to
Negligence Liability: Conduct of the Plaintiff. Chapter 3. Defences to Strict
Liability. Part V. Other Torts Chapter 1. Nuisance. Chapter 2.
Defamation. Part VI. Remedies Chapter 1. Assessment of Damages.