LAW 122 Chapter Notes - Chapter 3: Liability Insurance, Strict Liability, The Employer
22 Sep 2016
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A tort generally consists of a failure to fulfill a private obligation that was imposed by law. Torts and crimes: the definition of (cid:862)tort(cid:863) (cid:272)ontains a (cid:271)rea(cid:272)h of a private o(cid:271)ligation (o(cid:271)ligation in tort law is owed to a person), a tortfeasor is a person who has committed a tort. If i hit you, i committed the tort of battery and the crime of assault; if i take your car, i committed the tort of conversion and the crime of theft. Torts and contracts: torts can be confused with contracts as well as crimes. Both torts and contracts involve primary (tell people how they ought to act) and secondary (remedial) obligations. Obligations in tort are imposed by law, whereas obligations in contract are created by the parties involved. Parties in a contract create a relationship and privity law states that the only ones who can sue or be sued are those in the contract.
