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MIDTERM Sheet #3.docx

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Ryerson University
Global Management Studies
GMS 200
Ricardo Reyes

Chapter 3 (Introduction to Torts) Tort - a failure to fulfill a private obligation that was imposed by law. Tortfeasor - person who commits a tort. Tort & Crime (pg 60)  Tort = private wrong o Breach of obligation to a person o Claim by individual plaintiff o Usual remedy of compensatory damages  Crime = public wrong o Breach of obligation to society o Prosecution by Crown o Usual remedy of punishment  Tort and crime may overlap: e.g. beating = battery (tort) and assault (crime). Tort & Breach of Contract (pg 61)  Source of primary obligations: o Tort: imposed by law based on circumstances. o Contract: voluntarily created by parties.  Risk management: o Tort: imposed obligations tougher to manage. o Contract: voluntary obligations easier to manage. Types of Torts (pg 62)  Concept Summary pg 64  Torts differ on basis of mental culpability: o Intentional torts:  Liability for deliberate act o Negligence:  Liability for careless behaviour o Strict liability:  Liability without intention or negligence  Restricted to unusually dangerous activities: • Wild animals • Rylands v. Fletcher (ch. 5) Liability Insurance (pg 66)  Does not cover intentional torts and crimes.  Important from risk management perspective.  Liability insurance contract: o Insured pays price (premium) for protection o Insurer protects insured against harm:  Duty to defend claims against insured.  Duty to indemnify insured for loss if liable.  Effects on tort law: o Enhances compensatory function o Undermines deterrence function Vicarious Liability (pg 67)  Being
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