LAWS 1000 Lecture Notes - Lecture 3: Rodenticide, Lawn Mower, Contributory Negligence
10 Aug 2016
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Private law is about constructing particular relations and categories. These relations are about creating order which is linked to capitalism. Capitalist economy undermine traditional form of association, you treat people as means to an end. The law needs to step in and balance negative side of capitalism, create relationships (trubek) Tort= injury done to you as private individual. Doing or not doing something which causes someone harm. Actionable wrong against a person, property or threat of harm. Breaking a contract or committing tort does not make you morally accountable, only financially. Standards for making someone guilty is more lenient in private law. In tort you have to prove that damages were done. In contract you have to prove disappointment of expectations. Deterred because you don"t want to lose money. It forces disputes into public arena, help with change. Intentional tort: private wrong intended to do. don"t need to have a moral understanding that you"re action is wrong.
