Traduction de «Réclamation en responsabilité délictuelle » (Français → Anglais) :

The removal of contributory negligence as a bar to legal action; the broadening of the bases on which loss can be claimed, including economic loss; the change of the professional relationship from one in which claims can be made only in contract to one where claims can be made in tort, would all clearly indicate a single and unilateral response to the issue which is that joint and several liability must be eliminated.

In this area, if all the states in Australia took on proportionate liability but New Zealand stayed with joint and several liability, I cannot see how a plaintiff who had suffered loss in Australia as the result of negligence of the Australian office of an international accounting firm could bring proceedings in New Zealand and try to take advantage of joint and several liability there because, both in New Zealand and here, and also in Canada as the result of a decision of the Supreme Court of Canada last year, in any interstate or international tort claim one looks primarily to the law of the place where the tort was committed.

As a tort lawyer, I am well aware of the fact that the law of torts is already a very inadequate mechanism for compensating people who are injured in road accidents and who suffer industrial injuries.

In the United States and our tort claims, if a supervisor is doing the harassing, there's greater liability than if it's a co-worker who is doing it, because supervisors represent the company.

tort or delict claims for damage to tangible property that do not arise from a contractual relationship.

It is, however, for each Member State to determine the nature of its tort rules and of the penalties applicable to violations of domestic data protection provisions.