LAW 122 Chapter Notes - Chapter 3: In Loco Parentis, Supreme Court Of Canada, Vicarious Liability
8 Apr 2014
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Chapter 3 introduction to tort law (text pg:62) Generally consists of a failure to fulfill a private obligation that was imposed by law. Important ideas on torts: breach of private obligation obligation owed to a person. Tort feaser one who has committed a tort. Tort: private, breaking a private obligation, particular person owed, claim by individual plaintiff, typical reward: compensatory. Crime: public, breaking a public obligation, society as a whole is owed, prosecuted by crown, typical reward: punitive. Overlap: punching someone; tort of battery, crime of assault, stealing car tort of conversion, crime of theft, sneak into house; tort of trespass to land, crime of breaking & entering. Overlap: primary & secondary obligations, enforceable by law. Primary obligations: tell people how they should act, ex law against you hitting me in the face, tort of battery, if you have violated your primary obligation . Doctrine of privity only people who can sue are those within a contract.
