Those are both (literally) torts, but are
there common law torts that apply?
Not exact matches
In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter -
common law negligence involving the breach of a duty to ensure
there was no escape of GM material, and the
tort of private nuisance - they claimed only financial loss.
[Where state trooper took affirmative action of allowing police dog to be off leash,
there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite
common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts
Tort Claims Act does not permit actions under strict liability.]
Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but
there was no generally recognized
common law «
tort» of harassment.
If British Columbia courts follow the Ontario Court of Appeal in Jones v. Tsige and determine that the
common law tort exists in British Columbia,
there would be some important changes to the
law and practice in this Province.
While actions to enforce privacy rights have been recognized for years in British Columbia by the Privacy Act,
there are some important differences between the
common law tort and the statutory right of action.
Finally,
there are a number of
common law torts that employees may rely upon where an employer's or co-worker's conduct is particularly egregious but does not relate to labour standards or human rights
laws.
One other preliminary, which may help those dipping their toes into these multi-national
tort claims: it was
common ground that, if
there was a claim in
tort, it would be governed by Egyptian
law (under Art. 4 (1) of an EU provision known as Rome II); but the fact another country's
law applies to a case does not mean that the UK can not try the case — if
there is jurisdiction.
Can the
common law tort of intrusion upon seclusion be used if
there's a statutory regime already in place?
So to call a
tort a «délit» in French is not accurate, because a
tort in
common law is not the same as a délit in civil
law, or a delict, for that matter (since
there is good English for civil
law — as spoken in Scotland, Louisiana and other anglophone civil
law jurisdictions.