LAW 122 Lecture Notes - Lecture 3: Liquid Oxygen
8 Nov 2015
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Structure: both tort and contract involve primary and secondary obligations: primary: tell people how they ought to act, tort: tort of battery says do not touch another person in an offensive way. , contract: law of contract says keep your promises , secondary: tell people how they must act after primary obligations are broken. (remedial, tort and contract: pay money to the plaintiff as compensation for the loses that you caused. Source of primary obligations: the source of primary obligations are different for tort and law, since parties write contracts, while it is assumed that tort law is already acknowledged: tort: obligations in tort are simply imposed by law, even though no promises are made to not do a crime, it is illegal to commit a battery, contract: contracts are written and discussed voluntarily between parties; delivering obligations are voluntary.
