Exam 3: Introduction to Torts

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Roger will sue Celine for the tort of battery. Battery is a civil wrong. It is based on a private obligation that Celine owed to Roger personally. For that reason, the legal proceedings will generally be restricted to Celine as the defendant, and Roger as the plaintiff. Society is not directly involved in the matter. (Society is, however, indirectly involved in the matter because it provides the legal rules and the court system through which the claim will be resolved. Furthermore, society does, of course, prefer victims to prevail over wrongdoers.) If Roger's claim is successful, he will receive damages, most likely in the form of compensatory damages (for any losses that he suffered as a result of the attack) , but possibly in the form of nominal damages (if he suffered no loss) or punitive damages (if the court believes that it is necessary to express its disapproval of Celine's outrageous behaviour) .
Criminal proceedings are concerned with public wrongs. Celine would be prosecuted not so much because she owed an obligation to Roger personally, but rather because she owed an obligation to the community to refrain from physical attacks. Consequently, she would not be sued by Roger. Instead, she would be prosecuted by the government (or the Crown) , which acts on behalf of society as a whole. If Celine is convicted of a crime, she will probably be punished in some manner. For instance, she may be fined or imprisoned.

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As a general rule, Buck is required to compensate Tamara for the loss of income that she suffered as a result of the tort. Damages will, however, be reduced to the extent that Tamara unreasonably failed to mitigate her losses. It is easiest to calculate the final total in four stages.
First, Buck undoubtedly is liable for the loss of income that Tamara suffered immediately after the accident, when she was hospitalized and in physiotherapy, and consequently unable to mitigate her losses by working. That period lasted for three months. Because Tamara lost income of $3000 per month, she is entitled to receive $9 000.
In the following two months, Tamara did not receive any income, but the explanation was not so much Buck's tort, as Tamara's voluntary choice to remain idle. Consequently, because she unreasonably failed to mitigate her damages while staying at home for two months, she will be denied compensation for that period.
Tamara then missed another three months of work as a result of her decision to re- train as a secretary. In addition to the loss of income, that course also cost Tamara $3000. Because those losses are attributable to Tamara's reasonable efforts to mitigate her losses, she is entitled to compensation from Buck in the amount of $12 000 ($3000 for the course +
$3000 per month for 3 months for loss of income) .
Finally, when Tamara did return to work, she did so at a lower rate of pay. She consequently worked for 12 months at a salary of $2000 per month, rather than $3000 per month. Buck is liable for the cumulative loss of $12 000 of income ($3000 - $2000 = $1000 x 12 months = $12 000) under this heading.
Adding all of the damages together, Buck's liability for past loss of income is $33 000 ($9 000 + $12 000 + $12 000) . Buck will, of course, also be liable for the fact that Tamara will continue to suffer a reduced income in the future, and for the fact that Tamara may have incurred expenses connected to her medical treatment and physiotherapy.