LAW 122 Lecture Notes - Lecture 2: Liability Insurance, Strict Liability, False Imprisonment
23 Mar 2016
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How to solve a legal question: start with the facts. Read carefully and understand the facts as they determine the relevance of any legal points you make later. Identify the rule of law relevant to the issue. State in the abstract without referring to the facts yet. Gives you all the elements in the case to argue yes it is a tort : apply the law to the facts. Identify the anchor fact = a fact given that links that law to the fact pattern. Tort: generally consists of a failure to fulfill a private obligation that was imposed by law. Tort law includes almost every sort of private law wrong outside of breach of contract. Social purpose: tort law discourages people from committing private wrongs by requiring them to compensate and restore the wronged party. Tortfeasor: (defendant) is a person who commits a tort. Learning objective 2: explain the similarities and differences between torts and crimes.
