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Chapter #3.docx

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Law and Business
LAW 122
Avi Weisman

Chapter 3 Introduction to Tort LawIntroduction to Tort Law y There are 2 main sources of obligations in private law contract and tort y A Tort generally consists of a failure to fulfill a private obligation that was imposed by the law Torts and Crimesy Torts refers to the breach of a private obligation y An obligation in tort law is owed to a person y Tortfeasora person who has committed a tort y Tort canbe compared with a crime y Whereas tort occurs when a person break a private obligation a crime occurs if a person breaks a public obligation y A public obligation is owed to society as a whole rather than to any particular person y Both overlap same event may be both a tort and a crime ie take a car without permissionConcept Summary 31 Tort Law and Criminal LawPrivate law or Which parties Who are the What is the usual public law are involved in parties to the remedy the obligation action if that obligation is broken Tort Law Private law The defendant The plaintiff sues Compensatory owes an the defendant damages obligation to the plaintiff Criminal Law Public law The accused The government Punishment owes an prosecutes the such as a fine or obligation to accused imprisonment societyTorts and Contracts y contracts are created by the parties rather than imposed by law y there is 1 similarity and 4 differences between tort and contracts y SIMILARITY Structure o Both tort and contract involve primary and secondary obligations o Primary obligations tell people how they ought to actexample do not touch another person in an offensive way o Secondary obligation are remedial they tell ppl how they must act after primary obligations have been brokenexample payto plaintiff as comp for losses you caused y DIFFERENCES o Source of Primary Obligations
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