Vol. 34 (1985) Bicentennial of the Supreme Court of New Brunswick

The Unmysterious Law of Torts

Published 2021-02-18


This article addresses the history and development of tort law generally, with particular reference to the Canadian context. The author begins his discussion by setting out the general principles enunciated in Donoghue v. Stevenson, and continues by examining the development of these principles as applied to professional (or solicitors') negligence, intentional torts, compensation for economic loss, interference with contractual relations, intimidation (or duress), breach of statutory duty and conspiracy. The author concludes by discussing the role of "'fault" in the evolution -and direction of tort law in Canada.