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Chapter 3 Introduction to Torts

3 Pages

Law and Business
Course Code
LAW 122
Jane Monro

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Chapter 3 Introduction to TortsTort generally consist of a failure to fulfill a private obligation that was imposed by lawTortCrimes Tort refers to a breach of a private obligation An obligation in tort law is owed to a person Tortfeasor is a person who has committed a tortTort Law is private the defendant owes an obligation to the plaintiff the plaintiff sues the defendant and the usual remedy is compensatory damages Criminal Law is public the accused owes an obligation to society the government prosecutes the accused and the remedy is punishment such as fine or imprisonmentTortsContracts SimilarityStructure both tort and contract involve primary and secondary obligations Primary obligations tell people how they ought to act Secondary obligations are remedial they tell how they must act after primary obligations have been broken DifferencesSources of Primary Obligations obligations in tort are simply imposed by law Obligations in contracts are created by the partiesPrivity when two people enter a contract they create a special relationship for themselves The doctrine of privity states that the only people who can sue or be sued on a contract are the parties themselves Because obligations in tort are simply imposed by law there is no need for the parties to create a special relationship Compensation the purpose of imposing obligations in tort law is to prevent harm IF you have breach your primary obligation then y
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