2.  In some circumstances, responsibility lies not only with the person undertaking (or failing to undertake) an action, but also with an individual responsible for the actions of another. Examples include, responsibility of a vehicle owner for the vehicle even when the owner is not the operator, a parent who is responsible for the actions of a child or an employer responsible for an employee. In such cases, liability insurance is available to offset damages that may be associated with vicarious liability.

3.  In certain situations people will be held responsible for damage even though they did not act negligently or intend to cause any loss or harm. This is called strict liability.  Strict liability may apply to people who keep wild animals, such as tigers or snakes. Even though safety precautions such as cages or fencing may be in place, the keeper of the wild animals would be held legally responsible in the event of harm caused by their escape. Another example in the storage of dangerous chemicals on private property. If damages occur, the property owner could be held strictly liable and would have to pay for the harm done, even if not directly negligent.

4.  The civil law focuses upon remedies to situations involving harm to persons or property. These remedies are the purpose of a tort action by a plaintiff. Courts will award damages when a tort action is successful. The person who is at fault will have to monetarily compensate the person who has suffered loss or injury. The money may be compensation for such things as repairs to property, medical expenses, lost wages or necessary travel expenses. Compensation for pain and suffering and mental and emotional distress may also be awarded. This type of loss is difficult to measure in money. A judge will give an amount he or she thinks is reasonable. In certain cases a judge can award punitive damages. Television dramas often show juries awarding enormous amounts of money as compensation to injured people. In Canada, having a jury in a civil case is rare, and windfall compensation is rarer still.  In cases where goods are involved, a court may order the return of the goods to the rightful owner. An injunction is also a possibility in a tort action, if harm is ongoing.

5.  Read the case studies: › Knepper v Brown › Friedrich v Adesman  Complete the questions individually.  These case studies are for marks, and will be handed tomorrow.

6.  1. To what extent should a parent be held legally responsible (liable) for the actions of a child?

7.  2. What are some reasons that Canadian court awards for negligence, and other torts are significantly lower in dollar amounts than in the U.S.A.?

8.  3. In what circumstances should an employer be liable for the actions of an employee?