LAW 122 Chapter Notes - Chapter 3: Liability Insurance, Damages, Independent Contractor
27 Oct 2016
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Law122 chapter 3: introduction to torts (textbook notes) A tort occurs when a person breaks a private obligation, a crime occurs if a person breaks a public obligation. Public obligation is owed to society as a whole. If something goes wrong, the government will prosecute the accused on behalf of the whole community. Important to appreciate that the two concepts often arise from the same facts. Ex: if i hit you, i have committed a tort of battery and a crime of assault. Just as torts may be confused with crimes, they may also be confused with contracts: similarities and differences. Primary obligations tell people how they ought to act. Tell people how they must act after primary obligations have been. Obligations in tort are simply imposed by the law. Obligations in contract are created by parties. The doctrine of privity states that only the people who can sue, or be sued, on a contract are the parties themselves.
