Your search
Results 137 resources
-
In the article, we make three claims. First, we argue that a large number of what are traditionally seen as separate torts are, at their core, all about affronts to the dignity of the victim. These include offensive battery, assault, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, some nuisances, and abuse of process (malicious prosecution). These torts do not involve direct physical harm but, rather, emotional distress from having your dignity attacked. Second, we argue that as these torts have developed inside of their own doctrinal silos, there are important differences among the laws governing them. Third, we argue that these differences are not justified and that it would be better to create a consistent tort approach to dignitary harm: tort recovery should lie for injuries resulting from wrongful conduct that is highly offensive and causes more than minor harm. This, it turns out, is the standard that currently applies in a majority of jurisdictions for privacy invasions. If more widely adopted, this standard would, for example, far more easily allow recovery for nasty verbal sexual (or other) harassment, since intentional infliction of emotional distress currently requires a much stronger showing. At the same time, it would preclude recovery for minor physical touchings that technically now qualify as offensive battery. We think this achieves the balance much better.
-
These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
According to police-reported data, impaired driving killed as many as 155 people in Canada in 2019 (88 impaired drivers1 and 67 other road users) and injured 540.2 By comparison, all other criminal offences causing death excluding homicide resulted in the deaths of 108 people in 2019. Furthermore, a 2013 study for Mothers Against Drunk Driving (MADD) Canada estimated that the total social costs associated with impaired driving were $20.6 billion (Pitel and Solomon 2013). [...]before cannabis became legal, police services in Canada were already stopping an increasing number of drug-impaired drivers (Moreau 2019; Perreault 2016).3 So, to coincide with legalization, the Government of Canada implemented measures to fight drug-impaired driving. When collection of comparable data began in 1986, police reported 577 incidents per 100,000 population. [...]the early 2000s, this rate declined by an average of 5.5% each year, before stabilizing at about 250 incidents per 100,000 population during the 2000s.
Explore
Resource type
- Blog Post (1)
- Book (33)
- Book Section (15)
- Case (40)
- Dictionary Entry (6)
- Journal Article (39)
- Magazine Article (1)
- Newspaper Article (1)
- Report (1)
Topics
- Aboriginal law (1)
- Aboriginal peoples (1)
- Administrative law (1)
- Bankruptcy and insolvency (2)
- Charter of Rights (4)
- Constitutional law (6)
- Contracts (1)
- Copyright (1)
- Courts (2)
- Criminal law (7)
- Crown law (1)
- Custody (2)
- Declaration of invalidity (1)
- Discoverability (1)
- Evidence (1)
- Family law (3)
- Fiduciary duty (1)
- Human rights (1)
- Income tax (1)
- Insurance (1)
- Intellectual property (1)
- Jurisdiction (2)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obstructing justice (1)
- Private international law (1)
- Prosecutorial immunity (1)
- Sexual assault (1)
- Taxation (1)
- Torts (1)