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EXTRA-CONTRACTUAL OBLIGATIONS/TORTS 2002-2003 Prof. LARA KHOURY - page 63 / 64

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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.

STUDY PLAN

tonight

consolidate notes from study group

look at Apr 2002 MacWendy answer and consolidate notes

tomorrow

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 avoid the issue

duty to warn, duty to inform outside of contractual situation

voluntary assumption of risk

medical liability

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

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