BU231 Study Guide - Midterm Guide: Malicious Prosecution, Intentional Tort, Public Nuisance
Document Summary
Purpose of tort law is to compensate victims for harm caused by the activities of others. Usually punishment is left to criminal law. A tort identifies a set of circumstances that creates a right to claim compensation caused the harm, the group that benefits most directly or an even larger group. Basic question: who should bear the loss the victim, the person whose act today"s tort law involves two principles: the fault of the defendant (cid:523)whether plaintiff"s injury was the result of the defendant"s conduct (cid:524) Strict liability: liability that is imposed based upon causation regardless of the behaviour was improper) and the causation of the harm (whether the fault. Fault fault: unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others. One reason for basing off of fault is its deterrent effect: people will be more inclined to be careful if they pay for the consequences of their carelessness.
