BU231 Study Guide - Midterm Guide: Contract, Fiduciary, Intentional Tort
Document Summary
Chapter 3: the law of torts (p. 57 83) Chapter 4: professional liability the legal challenges (p. 87 101) Chapter 5: formation of a contract offer & acceptance (p. 113 124 & 126 128) Chapter 6: formation of a contract: consideration & intention (p. 135 145) Tort: a wrongful act causing harm to the person or property of another. As a general statement: a tort identifies a set of circumstances that creates a right to claim compensation. Strict liability: liability that is imposed based upon causation regardless of fault. Tort law evolved in 2 ways: the law took into account the fault of the defendant and took into account causation (whether the defendant"s conduct could be considered the cause of the harm) Cannot establish fault on the part of some other go uncompensated and the cost and delays of litigation deter many other claims. If is established, the tendency is to over compensate the victim.
