LAW 122 Lecture Notes - Liability Insurance, Professional Negligence In English Law, False Imprisonment
19 Apr 2013
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Document Summary
Tort: generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor is a person who has committed a tort. Tort occurs when a person breaks a private obligation. A crime occurs if a person breaks a public obligation. The defendant owes an obligation to the plaintiff. Blood feud: allowed the family of a murder victim to take revenge by the killing the murderer or someone in his family. Enforceable regardless of any agreement between the parties. Enforceable only by or against a party to the contract. Place the plaintiff as if the tort did not occur surprise. May require more than a person is able to give. Always possible to know the obligations in advance. Always possible to limit the obligations to promises that can be fulfilled. Tort law has to strike a balance between competing interests. While it wants to respect freedom of choice, it also wants to discourage dangerous behaviour.
