PO210 Lecture Notes - Lecture 5: Misfeasance, Reasonable Person, Contributory Negligence
Document Summary
Tort (cid:894)(cid:858)tortus(cid:859)(cid:895) = t(cid:449)isted or (cid:272)ur(cid:448)ed, a(cid:374)d (cid:374)o(cid:449) (cid:272)o(cid:373)e to (cid:271)e k(cid:374)o(cid:449)(cid:374) i(cid:374) la(cid:449) as the fre(cid:374)(cid:272)h (cid:449)ord for injustice, torts deal with civil wrongs (not criminal wrongs), other than breach of contract, that one person. Chapter 5 tort law commits against another, resulting in damages: unintentional torts (negligence) are the major cause of action in tort. Intentional torts are also litigated within distinct categories of wrong: restore person to point before the injustice. Differences between crime and torts: criminal cases also involve a wrong, but these behaviours are considered more serious because they threaten all of society, crimes against state, object is the protection of society. Categories of liability in tort: negligence, strict liability, intentional torts, other unique torts. Negligence: negligence is the failure to take reasonable care to prevent foreseeable harm to another. Insurance companies sometimes have subrogation rights: they can start a tort against person who was negligent to insurer, put it all together on page 126.
