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Lecture

Chapter3ReadingNotes.doc

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Department
Business
Course
BU231
Professor
Daniel J Fife
Semester
Spring

Description
READING NOTESChapter 3The Law of TortsTort derives from French meaning wrong Tort is a wrong an injury done by one person to another whether intentional or unintentional This injury could be physical or financialScope of Tort LawRole of law of torts is to compensate victims for harm suffered from the activities of others while punishment is generally left to criminal lawBasic issue for society is to determine who should bear the lossTort law is an instrument for apportioning loss along with such others as insurance and government compensation schemesDevelopment of Tort ConceptIn early society it was common to have strict liability where anyone who caused direct injury to another had to pay compensation regardless of faultGradually courts began to recognize indirect or consequential injuriesEvolved in two ways FaultCausation oTook into account the fault of the defendantoTook into account the causation whether the defendants conduct could be considered the cause of the harmThe Basis for LiabilityFaultoFault refers to blameworthy or culpable in the wrong conduct conduct that in the eyes of the law is unjustifiable because it intentionally or carelessly disregards the interests of othersoJustification for liability on fault is in the hopes that it will act as a deterrent oPeople will be more inclined to be careful if they are inclined to pay the consequences of their carelessnessStrict LiabilityoAs mentioned before strict liability persists in some areas of modern lawPeople who collect potentially dangerous things on their land are liable for any resulting damage even if they are blameless Eg African Lion Safari case or Dog Owners LiabilityoA person who undertakes a dangerous activity should charge for his service according to the degree of risk and carry adequate insurance to compensate for possible harm done to othersoNote that in Canadian negligence cases standards of care increase proportionally with danger
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