LAW 122 Chapter Notes - Chapter 3: Damages, Professional Negligence In English Law, False Imprisonment
5 Oct 2011
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Law122 chapter 3 notes: tort, failure to fulfill a private obligation that was imposed by law. Obligation in tort law is owed to a person: tort occurs when a person breaks a private obligation. Tortfeasor: a person who has committed a tort: crime, failure to fulfill a public obligation that was imposed by law. The defendant owes an obligation to the plaintiff. Punishment (such as a fine obligation to society prosecutes the accused or imprisonment: torts and contracts, similarity. Enforceable regardless of any agreement between the parties. Enforceable only by or against a party to the contract. Place the plaintiff as if the tort did not occur. May take a person by surprise; may require more than a person is able to give. Always possible to know the obligations in advance; Always possible to limit the obligations to promises that can be fulfilled: types of torts (all based on mental culpability, intentional torts.
