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Law 122 - Chapter 3 - My Notes.docx

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Ryerson University
Law and Business
LAW 122
Theresa Miedema

Chapter 3 Introduction to Tort Law Risk Management TortGenerally consists of a failure to fulfill a private obligation that was imposed by law Tortfeasoris a person who has committed a tort Torts and Contracts 1 StructureBoth tort and contract involve primary and secondary obligations a Primary obligations tell people how they ought to act b Secondary obligation are remedial 2 Sources of Primary Obligation a Obligations in tort are simply imposed by law b Obligation in contract are created by a parties 3 PrivityWhen two people enterinto a contract they create a special relationship for themselves 4 Compensationa Torts puts me back into the position when I startedb Contracts puts me in the position where I thought I would be 5 Risk Management a Because tort obligations are imposed by law they are more likely to take a person by surprise b Because obligations in contract are created voluntarily they should never take the parties by surprise Types of Torts Intentional TortsOccurs when a person intentionally acts in a certain way Negligence TortsOccurs when a person acts carelessly Strict Liab
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