LAW1113 Lecture Notes - Lecture 1: False Imprisonment, False Arrest, Medical Error
4 Nov 2018
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Comparison with criminal law: not all wrongs can be torts, law of contract, and criminal law. Some acts that constitute torts can also be a crime: can also have the same name and similar elements eg. battery. Balance of probabilities: higher b/c of the, more likely than different sanctions not. Imprisonment, non- custodial sentence, fine to the state. Damages to put you in the position prior to the tort. Damages related to expectation: tort is part of the civil law, contract - those intending to enter in legal relations. In a contract - promise certain things to each other. It must be possible to show some fault on part of respondent. Intention: carelessness, liability where fault is not required - strict liability - is rare, played only a modest role in english and australian torts law prior to the 19th century.
