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crim 135-torts.docx

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Langara College
CRIM 1116

Torts of Intention and Negligence Private law and public interest -Torts- A private wrong( as opposed to a crime which is a public wrong punishable by the state ). Torts can only be pursued as a private matter by or against another individual corporation or arm of govt. -Comes from Latin word tortus which means wrong -Punitive damage- damages that are awarded in tort beyond what is necessary to compensate an individual or a legal entity for losses sustained and for pain and suffering. The purpose of punitive damages is to deter the conduct in question thus bringing a public law objective to the realm of private law. The Role Of Deterrence And punitive Damages In Tort -there are can be difficulties with the punitive deterrence and appeasement or denunciation function in tort law -an emphasis on punitive damages in tort may duplicate the existing imposition of sanctions by the criminal court system. Potentially imposing two sets of punishments for the defendant -2nd because the overwhelming majority of tort actions are to be found in the realm of negligence specifically in the realm of non criminal negligence the goals of punishment and denunciation are more difficult to justify. -deterrence
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