BTC1110 Study Guide - Final Guide: Contributory Negligence, Blood Alcohol Content, Safeway Inc.
8 Aug 2018
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Tort law is concerned with legally binding obligations that arise when one person"s wrongful conduct infringes another person"s rights and thus, a loss or damage is caused. These are rights that exist because the law has said they exist, not because of an agreement between the parties. Examples- trespass, nuisance, defamation, assault, false imprisonment, negligence. The aim of tort damages is to put the plaintiff, as far as money can do it, back in the position that he or she was in before the tort was committed. There must be a breach of a duty (wrongful conduct) rather than just a loss. A"s corner store has been put out of business by b"s supermarket, >no duty. Dr c"s operation is unsuccessful and d dies, >duty. Some cases can be both a tort and a crime. Crime = seen as an offence against the state, criminal proceedings, criminal penalties are applied but the victim receives no compensation.
