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The law of torts hovers over virtually every activity of modern society. No enterprise, action, or profession is beyond its potential scope. Because of this, tort law is of real concern to most legal practitioners, jurists and academics. Yet while the term “torts” found its way into early English as a synonym for the word “wrong”, a tort is in its essence a strictly legal construct which only exists where the law says it does.
Newly revised and thoroughly updated, Halsbury’s
Torts (2012 Reissue) enumerates, defines, and explains the application of the law in Canada relating to civil wrongs. From intentional wrongs such as battery and conspiracy to nuisance, product liability and Quebec’s law of delict, this valuable volume provides a black-letter narrative of the law for everyone seeking a straightforward understanding of the subject.
Topics covered include:
- Intentional conduct
- Volition, motive and capacity
- Mistake
- Constructive and transferred intent
- Specific torts
- Battery and assault
- False imprisonment, malicious prosecution and misfeasance
- Intentional infliction of mental suffering
- Privacy, trespass, conversion and detinue
- Conspiracy
- Available defences
- Damages
- Compensatory
- Aggravated
- Exemplary or punitive
- Strict liability
- Vicarious liability
- Nuisance
- Public and private nuisance
- Defences
- Statutory and common law defences
- Remedies
- Delict
- Requirements
- Capacity
- Fault
- Loss or harm
- Causation
- Vicarious liability
- Parents, teachers and employers
- Occupier’s liability
- Trespassers, licensees, invitees and contractual entrants
- Legislative framework in various jurisdictions
- Standard of care, contributory negligence and voluntary assumption of risk
- Product liability
- Contract and negligence theory
- Standard of care
- Design
- Manufacture, distribution and repair
- Inherently dangerous articles
- Warnings
- Proof
- Defences
- Class 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 Honourable Allen M. Linden, B.A., LL.B., LL.M., J.S.D., Q.C. & Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D.
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.