McGill Faculty of Law: Extra-Contractual Obligations/Torts: Prof. Lara Khoury, 2002-03/Summary by Derek McKee
plurality of causes
victim’s fault/assumption of risk
The common law treats these as “defences,” while in civil law, these are part of causation.
consolidate notes from study group
look at Apr 2002 MacWendy answer and consolidate notes
continue developing checklists (transsystemic)
do Apr 2000 (mushroom) practice question and look at answer
go through Khoury’s review slides.
look at course objectives as guide to studying
do Apr 2001 exam practice question
use OSBORNE!!!! for:
“balancing” approach to fault
1458: contractual and extra-contractual damages
duty to warn, duty to inform outside of contractual situation
voluntary assumption of risk
does Andrews trilogy limit damages in civil law too? maybe: no, for how to assess, but yes, for limit
Cooper v. Hobart; compare Cooper to Caparo
The first is the very broad question (covering whole term and some of last term): 1) How does the law limit liability? And four slightly more focused questions: 2) Discuss reasonable foreseeability as a limiting concept? 3) Is duty of care 'relational' or 'prescriptive'? 4) How has common law influenced civil law, and vice versa? 5) Policy vs. law as limiting tool?
Information on exam
Two questions, one practical, the other theoretical
Some element of choice in the question(s)
Could contain citations in French or English (please, bring your English\French dictionary). Sufficient reading time will be allocated.
Questions could require a transsystemic approach
Both terms are subject to exam, but a greater emphasis is put on the second term
Allocation of points for final grade