LAW 122 Lecture Notes - Lecture 3: Equitable Remedy, Punitive Damages, Damages
29 Dec 2016
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Document Summary
A tort is a failure to fulfill a private obligation imposed by law. Tortfeasor is a person who commits a tort. Same event may be both a tort and a crime. Breach of primary obligation creates secondary duty. Tort law therefore focuses on mental culpability, on basis of strict liability, intention, or carelessness. Being held liable for torts committed by another. Employer often vicariously liable for employees" torts. Requires businesses to bear costs of operation. Vicarious liability only for employee torts committed in course of employment. Employee performing employer authorized actions, or acts closely connected thereto. Businesses not liable for torts committed by independent contractors. Vicarious liability risk can be shifted by hiring independent contractors instead of employees. There can be more than one tort that occurs. Nominal damages: a small amount of money given for things that don"t have much of a value. You do not have a right to equitable remedies. Assault and battery, invasion of privacy, etc.
