LAW 122 Chapter Notes - Chapter 3: Strict Liability, Independent Contractor, Punitive Damages

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amethystgoat54

24 Apr 2012

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Tort = generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor = a person who has committed a tort. Tort = private wrong (person breaks private obligation) claim by individual plaintiff. Crime = public wrong (person breaks public obligation) Usual remedy of punishment (fine or imprisonment) Both overlap; same event may be both tort and crime (ie a beating: crime of assault, tort of battery) Contracts are created by the parties, rather than imposed by law. Similarity between torts and contracts: structure: both involve primary and secondary obligations. Example: tort of battery says do not touch another person in an offensive way . Differences between torts and contracts: source of primary obligations: Tort law covers a great deal of territory. Tort law tries to strike a balance between competing interests: respect efficiency of business vs. compensating consumers respect freedom of choice vs. discouraging dangerous behaviour.

Related Questions

The term business ethics is best described by the following statement:

a. It is the study and philosophy of human conduct, with an emphasis on determining right and wrong.

b. It is an "inquiry into the nature and grounds of morality where the term morality is taken to mean moral judgments, standards, and rules of conduct."

c. It is the "study of the general nature of morals and of specific moral choices; moral philosophy; and the rules or standards governing the conduct of the members of a profession."

d. It is an organization's obligation to maximize its positive effects and minimize its negative effects on stakeholders.

e. It comprises the principles, values, and standards that guide behavior in the world of business

sapphireskunk152

based on your additional research, should police departments employ predictive policing to reduce crime with limited resources? Be sure to carefully defend your response with reasons and consider an objection (which you respond to) before you conclude the argument.

My response: I agree that being a part of the white society is like the concept of invisible privilege that has a familiar simile in that it is analogous to an invisible weightless knapsack. This metaphor emphasizes that white privilege, even though it may not be immediately obvious, has considerable advantages and opportunities that may include a lot of benefits and freedom to life. White people benefit from the structures and institutions in which they live. In the same culture, they were trained to be oblivious to their benefits. The undeserved advantages that were created by white people made people of color feel as if they were being oppressed. It is a norm and dominating racial power to be white in this society. For instance, if a white person comes into a new neighborhood, they are fairly certain that the bulk of their neighbors are the same color as them. A person has no idea of the advantages they have until they put themselves in the shoes of other people of color. Peggy McIntosh said that white advantages don't originate from a fault in a single human or from a single individual using them. It is via an inherent fault in the system that white privilege is created. If we wish to effect systemic change, it must occur inside the system. Systems have a major impact on individual behavior in the social world. We may all do our part to hasten the end. McIntosh maintains that white people may see racism in a different way when something gives them an advantage over others, not because it benefits white people. Systemic oppressions have interactive and internalized characteristics. Teaching racism as an act rather than an overall system that advantages the dominant group makes it difficult for white people to see themselves as racists. Embedded systems can't be eliminated, the recognition of them is important. Change won't come from just being dissatisfied with the system. McIntosh's example offers many benefits for comprehending white privilege. There are many advantages to understanding white privilege as the McIntosh example demonstrates. While it is true that 'whiteness' is simply about skin color, the various definitions of race reveal that it is really much more than that. The fact that McIntosh refers to white advantage rather than non-white disadvantage when framing the discussion of race reinforces the overall idea that race should be seen in terms of advantage rather than disadvantage.

include

1. Introduction

-State thesis and summarize argument

-Define any key terms

2. Main Body

-Argument 1, Argument 2, Argument 3

3. Objection

-Response to objection

4. Conclusion

-Restate thesis/summarize your main arguments

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LAW 122 Chapter Notes - Chapter 3: Strict Liability, Independent Contractor, Punitive Damages

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