BTC1110 Lecture Notes - Lecture 8: Contributory Negligence, Misrepresentation

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Tort means twisted or wrong, therefore tort law is concerned with legally binding obligation that arise whe(cid:374) o(cid:374)e perso(cid:374)(cid:859)s wro(cid:374)gful (cid:272)o(cid:374)du(cid:272)t i(cid:374)fri(cid:374)ges a(cid:374)other perso(cid:374)(cid:859)s rights a(cid:374)d loss, or damage is caused. These are rights that exist because the law, and courts, have said they exist. Comparing tort and crime: they can be the same acts, but difference parties, procedures and consequences. Comparing tort and contract: both are civil law / private actions, but tort law is mostly about rights and duties imposed by the law (and is not based on agreements. ) The tort of negligence: this is about finding fault (negligence) in the person who caused the loss. Was the da(cid:373)age (cid:272)ause (cid:271)(cid:455) the (cid:271)(cid:396)ea(cid:272)h? (cid:894)(cid:862)(cid:271)ut fo(cid:396)(cid:863) test(cid:895) These will be discussed more deeply, beginning at the bottom of the next page! The tort of negligence was largely a common law creation; however, these principles were reformed by a statute in 2002.

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