ACTG 2P40 Lecture 2: Chapter 4 Intentional or Unintentional Tort Notes
6 Mar 2018
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The scope of tort law is to help compensate victims caused by the activities of others. If the action is a crime, then it is left to the criminal law: tort chooses a set of circumstances that allows a person to create a right to claim compensation . Development of the tort concept : societies rule: if you hurt someone, someone has to pay for compensation , strict liability: liability that is imposed regardless upon the cause (intentional or unintentional) . Tort has two principles : courts started to realize indirect or consequential (serious) injuries, the fault of the defendant [ if the behaviour was improper] , the causation of the harm (was it because of the defendant?) Fault: unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others ; this is the person who has done wrong to the other person whether it be intentional or unintentional.
