LAW 122 Lecture Notes - Lecture 3: Vicarious Liability, Liability Insurance, Independent Contractor
26 Feb 2015
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Document Summary
There are two main sources of obligation in private law: contract and tort. Ex: if i hit you, i will commit the tort of battery and the crime of assault: torts and contracts, one similarity and four differences between torts and contracts: Structure: both tort and contract involve primary and secondary obligations, primary obligations tell people how they ought to act, secondary obligations are remedial. They tell people how they must act after primary obligations have been broken. Source of primary obligations: obligations in tort are simply imposed by law, obligations in contract are created by the parties. Privity: the doctrine of privity states that the only people who can sue, or be sued, on contract are the parties themselves. In contract, because obligations in tort are simply imposed by law, there is no need for the parties to create a special relationship for themselves.
