MGSC30H3 Chapter Notes -Independent Contractor, Liability Insurance, Punitive Damages
Document Summary
Tort consists of a failure to fulfill a private obligation (owed to a person) that was imposed by law. Governs the general duty that every person in society owes to every other person (does not rely on pre-existing relationship). Tortfeasor is a person who has committed a tort. A tort can be compared with a crime. Whereas a tort occurs when a person breaks a private obligation (remedy: compensatory damages), a crime occurs if a person breaks a public obligation (punishment: fine, imprisonment). A public obligation is owed to society as a whole, rather than to any particular person. Damages intended to be equivalent to injury, no more or less (punitive damages are unusual in. Place the plaintiff as if the tort had not occurred. Enforceable only by or against a party to contract. Place the plaintiff as if the contract had been performed. May take a person by surprise, may require more than a person is able to give.
