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Accidents happen every day and can then require the determination of a bewildering number of legal issues. Virtually no area of practice is untouched by the implications of negligence law, because questions of standard of care and causation arise in every aspect of human endeavour, and inevitably make their way for resolution into law offices across Canada. From a shopping centre slip and fall to an unintentional failure to provide necessary financial data in a corporate transaction, the law of negligence can, and usually does, play a part. Newly revised and thoroughly updated, Halsbury’s
Negligence (2012 Reissue) sets out the law in Canada that governs the inadvertent causation of harm. Authored by two of Canada’s leading tort law experts, this title is an important and authoritative resource for Canadian legal practitioners seeking a non-specialist’s understanding of the area of law.
Topics covered include:
- Necessary elements of a tort
- Requirement of damage
- Limitation periods
- Multiple causes of action
- Causation
- Onus of proof and inferences
- Multiple causes
- Standard of care
- Defining the parameters of the “reasonable person”
- Factors affecting the appropriate standard to be applied
- Unreasonable risk
- Likelihood and severity of harm
- Reason for taking risk
- Cost of avoiding risk
- Gross negligence
- The role of custom
- Establishing custom
- Causation
- Medical custom as reasonable care
- Failure to follow established custom
- Statutory violations
- Application to specific professions
- Duty of care
- Neighbour principle
- Establishment of new duties
- Onus of proof
- Foresight and proximity
- Failure to act
- Evidence and proof
- Burden of proof
- Reverse onus
- Contributory or gross negligence
- Motor vehicle accidents
- Causation and remoteness
- Pre-existing conditions
- Psychological injuries
- Rescue attempts
- Intervening acts
- Acts relieving defendant of liability
- Damages
- Psychiatric damage
- Pure economic loss
- Public authorities
- Policy vs. operational decisions
- Proximity
- Standard of care and causation
- Defences
- Contributory negligence
- Voluntary assumption of risk
- Illegal conduct
- Limitation of actions
Special Features - Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations — an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources — setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions — identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference
Plus - Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
The Honorable Mr. Justice Allen M. Linden and Bruce Feldthusen B.A., LL.B., LL.M., SJD
The Honourable Allen M. Linden, B.A., LL.B., LL.M., J.S.D., Q.C., was a Judge of the Federal Court of Appeal from 1990 to 2009. Before that, he served as a Trial Judge on the Superior Court of Ontario from 1978-1990. Justice Linden is co-author of Canadian Tort Law, 9th Edition, with Bruce Feldthusen, as well as Canadian Tort Law, Cases, Notes & Materials, 13th Edition, with Lewis Klar and Bruce Feldthusen. A former professor of tort law at Osgoode Hall Law School for two decades, Justice Linden has taught in the United States, Australia and the United Kingdom and has written several books and scores of articles about torts. He continues to teach part-time at the University of Ottawa and at Pepperdine University, School of Law in California.
Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D.,has been teaching and writing about tort law for over thirty years, primarily in Canada, but also in the United States and Australia. He was a professor of law at the University of Western Ontario from 1977-1999, and became Dean of the Common Law Section of the University of Ottawa in January 2000. He is co-author of Canadian Tort Law, 9th Edition, with the Hon. Allen M. Linden, as well as Canadian Tort Law, Cases Notes & Materials, 13th Edition, with Allen Linden and Lewis Klar. Feldthusen’s analysis of pure economic loss has been adopted by the Supreme Court of Canada and now provides the organizing framework for all negligence actions in that field.
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