CRM 4311 Lecture 5: lect 5.docx
Document Summary
Jury trials: criminal offences: indictable - 5 years or more. Accused and prosecutor representing public and victim unintentional torts. Sometimes a tort can be a crime at the same time - criminal negligence, reckless driving. Contract - agreement that is enforced by the law. Similarities between breach of contract and tort - both a breach of a primary duty that gives. In tort law your duty is not to harm by means of action or inaction - secondary action is duty rise to a secondary duty to pay compensation compensation. Contract - fulfill a promise (50$ for phone) breach of duty secondary is payment of. However the source of primary duty in tort law is diff than primary duty in contract law. Tort - law itself (source of obligation, not to harm others) contract- the agreement, mutual consent of agreeing parties.