LAW 122 Lecture Notes - Liability Insurance, Professional Negligence In English Law, False Imprisonment

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Published on 19 Apr 2013
School
Ryerson University
Department
Law and Business
Course
LAW 122
Professor
Chapter 3 INTRODUCTION TO TORTS law 122
INTRODUCTION TO TORT LAW
Tort meaning wrong or twister or crooked.
Tort: generally consists of a failure to fulfill a private obligation that was imposed by
law.
Torts and Crimes:
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
TORT LAW AND CRIMINAL LAW
Private law or
public law
Which parties
are involved in
the obligation
Who are the
parties to the
action if that
obligation is
broken?
What is the
usual remedy
Tort Law Private Law The defendant
owes an
obligation to the
plaintiff
The plaintiff sues
the defendant
Compensatory
damages
Criminal Law Public law The accused
owes an
obligation to
society
The government
prosecute the
accused
Punishment such
as fine or
imprisonment
Blood feud: allowed the family of a murder victim to take revenge by the killing the
murderer or someone in his family.
TORTS AND CONTRACTS
Four differences between torts and contracts
Structure: both involve primary and secondary obligations
oPrimary- tell people how they out to act
oSecondary are remedial how they must act after primary.
Sources of Primary Obligations:
oObligations in tort are simply imposed by law
Privity:
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oWhen two people enter into a contract they share a special relationship
oPrivity states that the only people who can sue or be sued on a contract are
the parties themselves
Compensation:
Risk Management:
Sources of
obligation
Privity Compensatory
damages
Risk management
Tort Imposed by law Enforceable
regardless of
any agreement
between the
parties
Place the plaintiff
as if the tort did
not occur
-may take a person by
surprise
-may require more
than a person is able
to give
Contract Voluntarily
created by the
parties
Enforceable
only by or
against a party
to the contract
Place the plaintiff
as if contract
performed
-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
Ex. While it wants to respect freedom of choice, it also wants to discourage dangerous
behaviour.
Three types of torts
Intentional torts: when a person intentionally acts in a certain way
-some torts require proof that the defendant intended to hurt the plaintiff. Others
are satisfied by proof that the defendant merely intended to do the act
ex. Assault, battery, intimidation, conspiracy, deceit , false imprisonment
Negligence torts: occur when person acts carelessly
Ex. Occupiers libality, nuisance, negligence, professional negligence , product liabiliy
Strict liability torts: when a person does something wrong without intending to do so
and without acting carelessly.
Ex. animals
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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.

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