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Law and Business
LAW 122
Leigh Lampert

9/17/2013 7:12:00 AM CHAPTER 3 September 17, 2013 Tort= wrongdoing in private law French tort= wrong Latin tortus= twisted or crooked Tortfeasor= someone who commits a tort Tort= private wrong -breach of obligation to a person -claim by individual plaintiff -usual remedy of compensatory damages. Crime=public wrong -breach of obligation to society -prosecution by crown -usual remedy of punishment Tort vs crime Tort and crime overlap -If someone wants money they have to sue (tort) Type of Torts Torts require balance of competing interests -protection free choice vs. deterring harmful behavior -encouraging innovation vs. compensating losses -physical harm vs. economic loss Torts differ on basis of mental culpability -strict liability -intentional -negligence Liability Insurance Risk management Issue  Tort duty Liability insurance contract  Insured pays price for protection  Insurer protects insured against harm Vicarious Liability Being liable for another’s torts - Common business risk  employer often vicariously liable for employee -Justifications for vicarious liability  enhances compensatory function  may enhance deterrence function  fairness: business bears cost of operation  Does not ably to contracts -effects of vicarious liability  Victim can sue employee and employer o Employee directly liable for own tort o Employer vicariously liable for employees tort Remedies -General remedies for torts  compensatory damages  punitive damages  nominal damages (symbolic charge)  injunction (court order to stop) -Compensatory damages  backward-looking o plaintiff monetarily places as if tort never occurred -limitations  remoteness o no liability if loss reasonably unforeseeable by defendant -Mitigation  no liability if loss reasonably avoidable by plaintiff]  Responsibility by plaintiff to take reasonable steps to mitigate  Example, getting hit by bat and not going to hospital for 2 weeks Rylands vs Fletcher -Rylands built a reservoir which burst and flooded into Fletcher’s land ruining his mine.  Plaintiff must prove o Defendant’s non-natural use of land o Escape from defendant’s land o Loss or injury to plaintiff  Strict liability o Special danger justifies special duty o Liability even if all
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