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.
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
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)