Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Torts
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Dalhousie Law Journal
The extent to which "hypersensitivity" can serve as a legal basis for demanding additional compensation has always been a controversial issue in tort law. A key challenge facing courts lies in determining how the "thin-skull rule," traditionally related to physical conditions that predispose an individual to additional injury, can be applied to claims from "hypersensitive" plaintiffs citing personality-linked vulnerabilities of a religious, socio-cultural, or psychiatric nature. This article critically evaluates the viability of the "ordinary-fortitude test" adopted by the Supreme Court of Canada in Mustapha v. Culligan, and discusses the relative merits of a "multi-factorial test" in determining the admissibility …
Clarifying Causation In Tort, Erik S. Knutsen
Clarifying Causation In Tort, Erik S. Knutsen
Dalhousie Law Journal
This article argues that there is nothing overly confusing about the law ofcausation in negligence. It attempts to define the current state of causation in Canadian negligence law with a simple goal in mind: to have a clearer more productive conversation about the law with the fundamental concepts clearly on the table. The author argues that while the leading decisions on causation are often couched in broad-based, universal terminology to refrain from inhibiting conceptual portability,the cases can be read as a sustained continuum of conversations about causation. A cohesive framework for the law is offered by taking a longitudinal perspective …