GMS 200 Study Guide - Midterm Guide: Battery (Tort), Liability Insurance, Damages

• School: Ryerson University
• Department: Global Management Studies
• Course: GMS 200
• Professor: Ricardo Reyes

Document Summary

Tort - a failure to fulfill a private obligation that was imposed by law. Tort = private wrong: breach of obligation to a person, claim by individual plaintiff, usual remedy of compensatory damages. Crime = public wrong: breach of obligation to society, prosecution by crown, usual remedy of punishment. Tort and crime may overlap: e. g. beating = battery (tort) and assault (crime). Source of primary obligations: tort: imposed by law based on circumstances, contract: voluntarily created by parties. Risk management: tort: imposed obligations tougher to manage, contract: voluntary obligations easier to manage. Torts differ on basis of mental culpability: intentional torts: Restricted to unusually dangerous activities: wild animals, rylands v. fletcher (ch. Does not cover intentional torts and crimes. Liability insurance contract: insured pays price (premium) for protection, insurer protects insured against harm: Duty to indemnify insured for loss if liable. Effects on tort law: enhances compensatory function, undermines deterrence function.