LAW 122 Lecture Notes - Lecture 2: Liability Insurance, Damages, Strict Liability
28 Jan 2017
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Document Summary
A tort is failure to fulfill a private obligation imposed by law. Tortfeasor: is a person who commits a tort. Tort law includes almost every sort of private law wrong outside of breach of contract. Social purpose: tort law discourages people from committing private wrongs by requiring them to compensate & restore the wronged party. Structure: both have primary and secondary obligations, primary obligations tell people how they ought to act, secondary obligations are remedial. Source of primary obligations: torts; simply imposed by law, contract; voluntarily agreement. Privity: states that only people who can sue, or be sued, on a contact are the parties themselves. Compensation is available in both tort and contract. Intentional: occurs when a person intentionally acts in defined wrongful way: mea(cid:374)i(cid:374)g of (cid:862)i(cid:374)te(cid:374)tio(cid:374)(cid:863) differs depending on tort. Negligent: occurs when a person acts carelessly: eg negligence, product liability, Professional negligence, o(cid:272)(cid:272)upier"s liability, nuisance: activity is permitted if reasonable in circumstance, examples.
