Cases and Materials on the Law of Torts, 7th Edition

Solomon, Robert M., McInnes, Mitchell, Chamberlain, Erika, Pitel, Stephen G.A.
Table of Contents
PREFACE
TABLE OF CASES

CHAPTER 1 AN INTRODUCTION TO THE LAW OF TORTS
1. Tort Law Defined
Notes and Questions
2. Tort and Contract
Notes and Questions
Review Problem
3. A Brief History of Tort Law
Notes and Questions
4. Trespass and Case: A Brief Review of the Case Law
Scott v. Shepherd
Notes and Questions
Leame v. Bray
Williams v. Holland
Notes and Questions
Holmes v. Mather
Notes and Questions
Cook v. Lewis
Notes and Questions
5. The Bases for Imposing Liability in Tort
(a) Absolute Liability
(b) Strict Liability
(c) Negligence
(d) Intention
(e) No Liability
6. The Functions of Tort Law
(a) Compensation
(b) Appeasement and Vindication
(c) Punishment
(d) Deterrence
(e) Market Deterrence
(f) J ustice
Notes and Questions

CHAPTER 2 THE BASIC CONCEPTS OF REMEDIES IN INTENTIONAL TORTS
1. Introduction
2. J udicial and Extrajudicial Remedies
Notes
3. Classifications of Damages
Note
4. Nominal Damages
The Mediana
Notes and Questions
5. Compensatory Damages
(a) Assessing Damages for Pecuniary Losses
The Mediana
Notes and Questions
(b) Assessing Damages for Non-Pecuniary Losses
Review Problem
6. Aggravated Damages
Notes and Questions
7. Punitive Damages
Notes and Questions
B.(P.) v. B.(W.)
Notes and Questions
(a) The Principles in Whiten v. Pilot
Notes and Questions
8. Disgorgement Damages
Penarth Dock Engineering Co. Ltd. v. Pounds
Notes and Questions
Review Problem

CHAPTER 3 INTENTIONAL INTERFERENCE WITH THE PERSON
1. Introduction
2. Basic Principles of Liability
(a) Volition
Smith v. Stone
Notes and Questions
(b) Intent
(i) Imputed (Constructive) Intent
(ii) Transferred Intent
Notes and Questions
3. Related Issues: Motive, Mistake and Accident
(a) Motive
Notes
(i) Duress
Gilbert v. Stone
Notes and Questions
(ii) Provocation
Miska v. Sivec
Notes and Questions
(b) Mistake
Hodgkinson v. Martin
Ranson v. Kitner
Notes and Questions
(c) Accident
Review Problems
(d) The Liability of Children and those with a Mental Illness
Notes and Questions
4. Battery
Bettel v. Yim
Notes and Questions
(a) The Burden of Proof in Sexual Abuse Cases
Notes and Question
5. Assault
Notes and Questions
Holcombe v. Whitaker
Police v. Greaves
Notes and Questions
Review Problems
6. False Imprisonment
Bird v. Jones
Notes and Questions
Campbell v. S.S. Kresge Co.
Notes and Questions
Herd v. Weardale Steel, Coal and Coke Co.
Notes and Questions
7. Malicious Prosecution
Nelles v. Ontario
Notes and Questions
(a) The Tort of Abuse of Process
Review Problem
8. Intentional Infliction of Nervous Shock
Wilkinson v. Downton
Notes and Questions
Radovskis v. Tomm
Samms v. Eccles
Notes and Questions
(a) The Broadening of Liability
Notes and Questions
(b) The Innominate Intentional Tort
Notes and Questions
Review Problems
9. Protection of Privacy
(a) Introduction
Notes and Questions
(b) A Common Law Tort Action for the Invasion of Privacy?
Motherwell v. Motherwell
Notes and Questions
(c) Subsequent Common Law Developments
Notes and Questions
(d) The Statutory Protection of Privacy
Hollingsworth v. BCTV
Notes and Questions
Review Problem
(e) Breach of Confidence
Notes and Questions
Review Problem
10. The Common Law Tort of Discrimination
Bhadauria v. Board of Governors of Seneca College of Applied Arts and Technology
Notes and Questions

CHAPTER 4 INTENTIONAL INTERFERENCE WITH CHATTELS
1. Introduction
2. The Development of the Actions
(a) Trespass
(b) Detinue
(c) Trover and Conversion
Notes and Questions
3. Trespass to Chattels
Fouldes v. Willoughby
Notes and Questions
4. Conversion
(a) General Principles
MacKenzie v. Scotia Lumber Co.
Notes and Questions
Review Problems
(b) Conversion of Cheques and Other Unusual Chattels
373409 Alberta Ltd. (Receiver of) v. Bank of Montreal
Notes and Questions
(c) Remedies for Conversion
Aitken v. Gardiner
Notes and Questions
5. Detinue
Gen. & Finance Facilities Ltd. v. Cooks Cars (Romford) Ltd.
Aitken v. Gardiner
Notes and Questions
6. Recaption and Replevin
(a) Recaption
(b) Replevin
Notes and Questions
Review Problems

CHAPTER 5 INTENTIONAL INTERFERENCE WITH REAL PROPERTY
1. Trespass to Land
Entick v. Carrington
Turner v. Thorne
Notes and Questions
Review Problems
Harrison v. Carswell
Notes and Questions
2. Trespass and Nuisance
Kerr v. Revelstoke Bldg. Materials Ltd.
Notes and Questions
3. Trespass to Airspace and Subsoil
(a) Trespass to Airspace
Bernstein v. Skyviews & General Ltd.
Notes and Questions
(b) Trespass to Subsoil
Notes and Questions
Review Problems

CHAPTER 6 THE DEFENCE OF CONSENT
1. Introduction to the Defences
2. General Principles of Consent
(a) Introduction
Notes and Questions
(b) Implied Consent
Wright v. McLean
Notes and Questions
(c) Exceeding Consent
Agar v. Canning
Notes and Questions
Review Problems
(d) Competency to Consent
3. Factors That Vitiate Consent: Fraud, Mistake, Duress, and Public Policy
(a) Introduction
(b) Fraud (Deceit)
Notes and Questions
(c) Mistake
Notes and Questions
(d) Duress (Coersion)
Latter v. Braddell
Notes and Questions
(e) Public Policy
Notes and Questions
Review Problem
4. Consent to Criminal or Immoral Acts
Notes and Questions
5. Consent to Treatment and Counselling
(a) General Principles of Consent
Notes and Questions
(b) Exceptions to the General Principles of Consent
Marshall v. Curry
Malette v. Shulman
Notes and Questions
(c) The Burden of Proof and Consent Forms
Notes and Questions
(d) Competency to Consent
(i) Minors
C. v. Wren
Notes and Questions
Review Problem
(ii) Adults
Notes and Questions
(e) Substitute Consent
Notes and Questions
(f) Informed Consent: Battery or Negligence?
Review Problem

CHAPTER 7 DEFENCES RELATED TO THE PROTECTION OF PERSON AND
PROPERTY
1. Introduction
2. Self-Defence
Wackett v. Calder
Notes and Questions
3. Defence of Third Parties
Gambriell v. Caparelli
Notes and Questions
4. Discipline
R. v. Dupperon
Notes and Questions
5. Defence of Real Property
MacDonald v. Hees
Notes and Questions
Bird v. Holbrook
Notes and Questions
6. The Defence and Recaption of Chattels
Notes and Questions
Review Problem
7. Public and Private Necessity
(a) Public Necessity
Surocco v. Geary
Notes and Questions
(b) Private Necessity
Vincent v. Lake Erie Tpt. Co.
Notes and Questions
8. Apportionment of Fault in Intentional Torts
Notes and Questions
Review Problems

CHAPTER 8 THE DEFENCE OF LEGAL AUTHORITY
1. Introduction
Notes and Questions
2. The Canadian Charter of Rights and Freedoms
(a) Liability Under Section 24(1)
(b) The Impact of Section 52 on the Defence of Legal Authority
Notes and Questions
3. Authority and Privilege to Arrest Without a Warrant
(a) Introduction
Notes and Questions
(b) A Peace Officer's Power to Arrest Without a Warrant
Notes and Questions
(c) Privilege or J ustification Under the Criminal Code
Notes and Questions
(d) A Private Citizen's Authority and Privilege to Arrest Without a Warrant
Notes and Questions
4. Rights and Obligations in the Arrest Process
(a) Reasons for the Arrest
Koechlin v. Waugh and Hamilton
Notes and Questions
(b) The Use of Reasonable Force
Notes and Questions
5. The Common Law Power to Search Pursuant to a Lawful Arrest
R. v. Caslake
Notes and Questions
6. A Peace Officer's Common Law Power of Entry to Search for a Wanted Person
Eccles v. Bourque
Notes and Questions
Review Problems

CHAPTER 9 INTRODUCTION TO THE LAW OF NEGLIGENCE
1. Negligence: Defining Terms
2. The Historical Development of Negligence
Notes and Questions
3. The Elements of a Negligence Action
(a) Introduction
(i) Duty of Care
(ii) The Standard of Care and its Breach
(iii) Causation
(iv) Remoteness of Damages
(v) Actual Loss
(vi) Defences
Notes and Questions
(b) Negligence: A Case Illustration
Dunsmore v. Deshield
Notes and Questions

CHAPTER 10 THE DUTY OF CARE
1. An Introduction to the Duty of Care
(a) The Classical Approach
(b) The General Duty of Care Test
M'Alister (or Donoghue) v. Stevenson
Notes and Questions
(c) The Development of the Modern Law of Duty
Notes and Questions
(d) Anns and the Supreme Court of Canada
Cooper v. Hobart
Notes and Questions
(e) Developments Since Cooper v. Hobart
Notes and Questions
2. Application of the Duty of Care Test
(a) Foreseeable Risk of Injury
Moule v. N.B. Elec. Power Comm.
Amos v. N.B. Elec. Power Comm.
Notes and Questions
(b) Foreseeable Plaintiff
Palsgraf v. Long Island Ry. Co.
Notes and Questions

CHAPTER 11 SPECIAL DUTIES OF CARE: AFFIRMATIVE ACTION
1. Introduction to Special Duties of Care
2. Introduction to Duties of Affirmative Action
Notes
3. The Duty to Rescue
Osterlind v. Hill
Notes and Questions
Matthews v. MacLaren; Horsley v. MacLaren
Notes and Questions
Good Samaritan Act, 2001 (Ontario)
Review Problems
4. The Duty to Control the Conduct of Others
(a) Liability for the Intoxicated
Crocker v. Sundance Northwest Resorts Ltd.
Notes and Questions
(b) Other Duty to Control Situations
Notes and Questions
(c) The Duty to Prevent Crime and Protect Others
Jane Doe v. Metropolitan Toronto (Municipality) Commissioners of Police
Notes and Questions
Review Problems
5. The Duty to Perform Gratuitous Undertakings
Notes and Questions
Smith v. Rae
Zelenko v. Gimbel Bros., Inc.
Soulsby v. Toronto
Notes and Questions
Review Problems

CHAPTER 12 SPECIAL DUTIES OF CARE: MISCELLANEOUS CATEGORIES
1. Introduction
2. The Duty of Care Owed to Rescuers
Horsley v. MacLaren
Notes and Questions
Review Problems
3. Duties Owed to the Unborn
(a) Pre-Conception Wrongs
Notes and Questions
(b) Wrongful Birth and Wrongful Life
Notes and Questions
(c) Wrongful Pregnancy
Notes and Questions
(d) Pre-Natal Injuries
Notes and Questions
4. Nervous Shock
(a) Introduction
Notes and Questions
(b) Commonwealth Developments
Alcock v. Chief Constable of South Yorkshire Police
Notes and Questions
(c) The Canadian Position
Mustapha v. Culligan Canada Ltd.
Notes and Questions
Review Problem
5. A Health Profesional's Duty to Inform
Haughian v. Paine
Notes and Questions
Review Problem
6. A Manufacturer's and Supplier's Duty to Warn
Hollis v. Dow Corning Corp.
Notes and Questions
Review Problems
7. Duty of Care Owed by a Barrister
Demarco v. Ungaro
Notes and Questions

CHAPTER 13 SPECIAL DUTIES OF CARE: NEGLIGENT MISREPRESENTATION
1. Introduction
Notes and Questions
2. Negligent Misrepresentation Causing Pure Economic Loss
Hercules Managements Ltd. v. Ernst & Young
Notes and Questions
3. Negligent Misrepresentation and Contract
(a) Concurrent Liability in Tort and Contract
BG Checo International Ltd. v. B.C. Hydro & Power Authority
Notes and Questions
(b) Pre-Contractual Misrepresentations
Queen v. Cognos Inc.
Notes and Questions
Review Problem

CHAPTER 14 SPECIAL DUTIES OF CARE: RECOVERY OF PURE ECONOMIC
LOSS IN NEGLIGENCE
1. Introduction
Note
2. New Categories of Pure Economic Loss
Martel Building Ltd. v. Canada
Notes and Questions
3. Negligent Performance of a Service
B.D.C. Ltd. v. Hofstrand Farms Ltd.
James v. British Columbia
Notes and Questions
4. Negligent Supply of Shoddy Goods or Structures
Winnipeg Condominium Corp. No. 36 v. Bird Construction Co.
Notes and Questions
Review Problems
5. Relational Economic Loss
Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd.
Notes and Questions

CHAPTER 15 THE STANDARD OF CARE
1. Introduction
2. The Common Law Standard of Care: The Reasonable Person Test
Arland v. Taylor
Notes and Questions
3. Factors Considered in Determining Breach of the Standard of Care
(a) Probability and Severity of the Harm
Bolton v. Stone
Paris v. Stepney Borough Council
Notes and Questions
(b) Cost of Risk Avoidance
Vaughn v. Halifax-Dartmouth Bridge Comm.
Law Estate v. Simice
Notes and Questions
(c) Social Utility
Watt v. Hertfordshire County Council
Notes and Questions
4. An Economic Analysis of the Standard of Care
United States v. Carroll Towing Co.
Notes and Questions
5. Special Standards of Care
(a) The Standard of Care Expected of the Disabled
Fiala v. Cechmanek
Notes and Questions
(b) The Standard of Care Expected of Children
Joyal v. Barsby
Notes and Questions
(c) The Standard of Care Expected of Professionals
White v. Turner
Notes and Questions
6. Degrees of Negligence
Notes and Questions
7. Custom
ter Neuzen v. Korn
Notes and Questions
Review Problems

CHAPTER 16 CAUSATION
1. Introduction
2. The But-For Test
Kauffman v. Toronto Transit Commission
Barnett v. Chelsea & Kensington Hospital Management Committee
Notes and Questions
3. Established Exceptions to the But-For Test
(a) The Multiple Negligent Defendants Rule
(b) The Learned Intermediary Rule
(c) Informed Consent
Notes and Questions
4. Recent Attempts to Modify the But-For Test
(a) Material Contribution
Walker Estate v. York Finch General Hospital
Notes and Questions
(b) Materially Increased Risk
Snell v. Farrell
Notes and Questions
(c) Proportionate Cause and Loss of Chance
Notes and Questions
Review Problem
5. Multiple Causes
Notes and Questions
(a) Independently Insufficient Causes
Athey v. Leonati
Nowlan v. Brunswick Const. Lte.
Notes and Questions
(b) Independently Sufficient Causes
Lambton v. Mellish
Notes and Questions
Review Problems
6. Issues in Assessing the Plaintiffs Loss
(a) Successive Parallel Causes of Injury
Penner v. Mitchell
Notes and Questions
Review Problems
(b) Devaluing the Plaintiffs Loss
Dillon v. Twin State Gas and Elec. Co.
Notes and Questions

CHAPTER 17 REMOTENESS OF DAMAGES
1. Introduction
2. Directness Versus Foreseeability
(a) The Directness Test
Notes and Questions
(b) The Foreseeability Test
The Wagon Mound (No. 1); Overseas Tankship (U.K.) Ltd. v. Morts Dock &
Engineering Co.
Notes and Questions
Review Problems
3. Modifications to the Foreseeability Test
(a) The Kind of Injury
Hughes v. Lord Advocate
Notes and Questions
(b) The Thin-Skulled Plaintiff Rule
Smith v. Leech Brain & Co.
Marconato v. Franklin
Notes and Questions
(c) The Possibility of Injury
The Wagon Mound (No. 2); Overseas Tankship (U.K.) Ltd. v. Miller Steamship
Co. Pty.
Notes and Questions
Assiniboine South School Division, No. 3 v. Greater Winnipeg Gas Co.
Notes and Questions
4. Intervening Causes
Bradford v. Kanellos
Notes and Questions
Price v. Milawski
Notes and Questions
Hewson v. Red Deer
Notes and Questions
Review Problem

CHAPTER 18 THE ASSESSMENT OF DAMAGES
1. Introduction
(a) The Purposes of Damage Awards in Negligence
Notes and Questions
(b) Preliminary Issues
Notes and Questions
2. Damages for Personal Injuries
(a) Introduction
Andrews v. Grand & Toy Alberta Ltd.
Notes and Questions
(b) Pecuniary Loss: Future Care
Andrews v. Grand & Toy Alberta Ltd.
Notes and Questions
(c) Pecuniary Loss: Lost Earning Capacity
Andrews v. Grand & Toy Alberta Ltd.
Notes and Questions
(d) Considerations Relevant to Both Heads of Pecuniary Loss
Andrews v. Grand & Toy Alberta Ltd.
Notes and Questions
(e) Non-Pecuniary Loss
Andrews v. Grand & Toy Alberta Ltd.
Notes and Questions
3. Survival of Actions and Dependants' Claims
(a) Survival Actions
Survival of Actions Act (Alberta)
Trustee Act (Ontario)
(b) Fatal Accidents Legislation
Fatal Injuries Act (Nova Scotia)
Family Law Act (Ontario)
Notes and Questions
(i) The Death of the Family Provider
Keizer v. Hanna
Notes and Questions
(ii) The Death of a Dependant Family Member
Notes and Questions
4. Damages for Property Loss
(a) The Assessment of the Damages to the Property Itself
(b) The Assessment of Economic Losses Consequent on the Damage to the Property
(c) The Plaintiff's Obligation to Mitigate
Notes and Questions
5. Collateral Benefits
(a) The Doctrine of Subrogation
Notes and Questions
Review Problems

CHAPTER 19 DEFENCES IN NEGLIGENCE
1. Introduction
2. Contributory Negligence
(a) The Development of the Defence
Notes and Questions
(b) Conduct Constituting Contributory Negligence
Walls v. Mussens Ltd.
Notes and Questions
Gagnon v. Beaulieu
Notes and Questions
(c) Apportionment of Loss
Negligence Act (Ontario)
Notes and Questions
Mortimer v. Cameron
Notes and Questions
Review Problem
3. Voluntary Assumption of Risk
Dube v. Labar
Notes and Questions
4. Participation in a Criminal or Immoral Act
Hall v. Hebert
Notes and Questions
5. Inevitable Accident
Rintoul v. X-Ray and Radium Indust. Ltd.
Notes and Questions
Review Problem

CHAPTER 20 PROOF OF NEGLIGENCE
1. The Burden of Proof in a Negligence Action
Wakelin v. London & South Western Ry. Co.
Notes and Questions
2. Exceptions to the General Principles Governing the Burden of Proof
(a) Statutes and Shifting Burdens of Proof
MacDonald v. Woodard
Notes and Questions
(b) Directly Caused Injury: Unintended Trespass
Dahlberg v. Naydiuk
Notes and Questions
(c) Multiple Negligent Defendants
Cook v. Lewis
Notes and Questions
3. Res Ipsa Loquitur
(a) Introduction
Fontaine v. British Columbia (Official Administrator)
Notes and Questions
Review Problems

CHAPTER 21 THE TORT LIABILITY OF PUBLIC AUTHORITIES
1. Introduction
2. Special Rules for Public Authorities
(a) Legislative and J udicial Functions
Bradley v. Fisher
Notes and Questions
(b) Crown Immunity
Notes and Questions
(c) Limitation Periods and Special Procedures
Notes and Questions
3. The Negligence Liability of Public Authorities
(a) Introduction
Just v. British Columbia
Notes and Questions
(b) The Effect of Cooper v. Hobart
Notes and Questions
4. Misfeasance in a Public Office
(a) Introduction
Roncarelli v. Duplessis
Notes and Questions
(b) Modern Developments
Odhavji Estate v. Woodhouse
Notes and Questions
5. Other Torts
Notes and Questions
Review Problem

CHAPTER 22 STATUTORY PROVISIONS AND TORT LIABILITY
1. Introduction
Note
2. Express Statutory Causes of Action
Trespass to Property Act (Ontario)
Competition Act (Canada)
Notes and Questions
Trachsler v. Halton
Notes and Questions
Review Problem
3. The Use of Statutes in Common Law Negligence
R. in Right of Can. v. Sask. Wheat Pool
Notes and Questions
Horsley v. MacLaren
Notes and Questions
Rintoul v. X-Ray and Radium Indust.
Questions
Galaske v. ODonnell
Ryan v. Victoria (City)
Notes and Questions
4. A Note on the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
Notes and Questions
Review Problems

CHAPTER 23 OCCUPIERS' LIABILITY
1. Introduction
2. The Common Law Principles of Occupiers' Liability
(a) Who is an Occupier?
Palmer v. St. John
Notes and Questions
(b) Categories of Entrants and Corresponding Duties
(i) Contractual Entrants
Finigan v. Calgary
Notes and Questions
(ii) Invitees and Licensees
McErlean v. Sarel
Notes and Questions
(iii) Trespassers
Veinot v. Kerr-Addison Mines Ltd.
Notes and Questions
3. The Provincial Occupiers' Liability Statutes
(a) Introduction
(b) Ontario Occupiers' Liability Act
Notes and Questions
Waldick v. Malcolm
Notes and Questions
Review Problem

CHAPTER 24 NUISANCE
1. Introduction
2. Private Nuisance
340909 Ont. Ltd. v. Huron Steel Products (Windsor) Ltd.
Notes and Questions
Hollywood Silver Fox Farm Ltd. v. Emmett
Notes and Questions
(a) Defence of Statutory Authority
Tock v. St. John's Metropolitan Area Bd.
Notes and Questions
3. Public Nuisance
A.-G. Ont. v. Orange Productions Ltd.
Hickey v. Electricity Reduction Co.
Notes and Questions
4. Remedies
Mendez v. Palazzi
Notes and Questions
Miller v. Jackson
Notes and Questions
Spur Industries Inc. v. Del E. Webb Development Co.
Notes and Questions
Review Problem

CHAPTER 25 STRICT AND VICARIOUS LIABILITY
1. Introduction
(a) Strict Liability
(b) Vicarious Liability
Notes and Questions
2. Strict Liability for Escape of Dangerous Substances: Rylands v. Fletcher
(a) Introduction
Rylands v. Fletcher
Notes and Questions
(b) Escape
Read v. J. Lyons & Co.
Notes and Questions
(c) Non-Natural Use
Gertsen v. Municipality of Metropolitan Toronto
Notes and Questions
(d) Defences to the Rule in Rylands v. Fletcher
(i) Consent
(ii) Common Benefit
(iii) Default of the Plaintiff
(iv) Act of God
(v) Act of a Stranger
(vi) Statutory Authority
(e) A Comment on Rylands v. Fletcher
Notes and Questions
3. Strict Liability for Animals
(a) Dangerous Animals
Cowles v. Balac
Notes and Questions
(b) Cattle Trespass
Acker v. Kerr
Notes and Questions
4. Products Liability: Negligence or Strict Liability?
Notes and Questions
5. Vicarious Liability
(a) Statutory Vicarious Liability
Notes and Questions
(b) Principal-Agent Relationship
T.G. Bright & Co. v. Kerr
Notes and Questions
(c) Master-Servant Relationship
Bazley v. Curry
Notes and Questions
(d) Independent Contractors
671122 Ontario Ltd. v. Sagaz Industries Canada Inc.
Notes and Questions
(e) Non-Delegable Duties
Notes and Questions

CHAPTER 26 BUSINESS TORTS
1. Introduction
2. Deceit (Fraud)
Derry v. Peek
Notes and Questions
3. Passing Off
Ciba-Geigy Canada Ltd. v. Apotex Inc.
Notes and Questions
4. Intimidation
Central Can. Potash v. Govt. of Sask.
Notes and Questions
5. Conspiracy
Posluns v. Toronto Stock Exchange
Notes and Questions
6. Interference with Contractual Relations
Posluns v. Toronto Stock Exchange
Notes and Questions
7. Intentional Interference with Economic Relations by Unlawful Means
Reach MD Inc. v. Pharmaceutical Manufacturers Assn. of Canada
Notes and Questions
Review Problem

CHAPTER 27 DEFAMATION
1. Introduction
Notes and Questions
2. Elements of a Defamation Action
(a) Defamatory Material
Sim v. Stretch
Notes and Questions
(b) Reference to the Plaintiff
Knuppfer v. London Express Newspaper, Ltd.
Notes and Questions
(c) Publication
Notes and Questions
3. Defences
(a) J ustification
Williams v. Reason
Notes and Questions
(b) Absolute Privilege
(i) Executive Officers
Dowson v. The Queen
(ii) Parliamentary Privilege
(iii) J udicial Proceedings
Hung v. Gardiner
Notes and Questions
(c) Qualified Privilege
Hill v. Church of Scientology
Notes and Questions
(d) Fair Comment
Cherneskey v. Armadale Publishers Ltd.
Notes and Questions
(e) Consent
Jones v. Brooks
Notes and Questions
4. Remedies
(a) Injunction
(b) Damages
Hill v. Church of Scientology
Notes and Questions
Review Question

CHAPTER 28 TORT LAW: THEORIES, CRITICISMS AND
ALTERNATIVES
1. Introduction
2. Theoretical Criticism of Tort Law
(a) Introduction
Notes
(b) Deterrence
Notes and Questions
(c) Compensation
Notes and Questions
(d) Theories of Tort Law Based on Concepts of J ustice
Notes and Questions
(e) Feminist Perspectives
Notes and Questions
3. The No-Fault Alternatives
(a) Introduction
(b) No-Fault Accident Compensation in New Zealand
Notes and Questions
(c) Workers' Compensation
Notes and Questions
(d) No-Fault Automobile Insurance in Canada
Notes and Questions
Review Problem