LS101 Lecture Notes - Public Nuisance, Replevin, Vicarious Liability
24 Feb 2013
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Document Summary
Develops through the case law, some statue based on. Greatest number of torts today = car accidents. Intentional tort: within distinct categories of wrong. Restore victim to position prior to accident. Civil law wrongs: one person commits against another resulting in damages, must have some sort of damage: body, property, dignity. Person who causes the harm must compensate the victim. Some governed by status: property law separate of civil actions. One action can give rise to tort action, an equitable remedy, breach of contract and criminal charges. Purpose of lawyer to find cause of action. If your case is eligible to bring to court. Generally intentional act, negligence, wrongful on surface, and some special torts. Who to sue? (person who has most money) Criminal threat to society/public: crime against state, punish criminal and incapacitate. Civil compensate victims for negligence between 2 individuals. [plaintiff (tortfeasor) v. defendant: financed by the person wronged (unlike criminal) Overlaps between tort and criminal law ex.
