LAW 122 Chapter Notes - Chapter 5: Damages, Caveat Emptor, Punitive Damages
9 Jan 2014
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Document Summary
Tort law with a few exceptions, covers every type of private wrongdoing (as opposed to criminal wrongdoing) that is not a breach of contract. Many of the torts require proof of the defendant"s intention it is enough that the defendant intended to act in a certain way. Occurs when a person intentionally acts in certain ways, rather then merely acting careless. Meaning of intention differs depending on tort: ch. 4 torts require mere intention to act a certain way: some torts require intention to harm plaintiff. Includes knowledge by tortfeasor that injury was reasonably foreseeable. Ex. in the case of rookes v. barnard, the plaintiff was an employee of an airline, the defendant, a trade union, was angry with him as a result of a labour dispute. The union threatened the airline with an illegal strike unless it fired the plaintiff. The plaintiff successful sued the defendant after the airline gave in to that pressure and fired him.
