Textbook Notes (368,317)
Canada (161,798)
LAW 122 (625)
Stan Benda (71)
Chapter 3

LAW122 - Chapter 3 Notes

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Law and Business
LAW 122
Stan Benda

LAW122 – Chapter 3 Notes • Tort o Failure to fulfill a private obligation that was imposed by law  French tort = wrong  Latin tort = twisted or crooked  Obligation in tort law is owed to a person • Tort occurs when a person breaks a private obligation  Tortfeasor: a person who has committed a tort • Crime o Failure to fulfill a public obligation that was imposed by law  Occurs when a person breaks a public obligation • Both torts and crimes arise from the same facts o E.g., if you hit someone, you commit the tort of battery and the crime of assault o E.g., if I steal, I commit the tort of conversion and the crime of theft o E.g., if I break into your house, I commit the tort of trespass to land and the crime of break and enter Private law Which Who are the What is the or public parties are parties to the usual law? involved in action if that remedy? the obligation is obligation? broken? Tort Law Private law The defendant The plaintiff Compensatory owes an sues the damages obligation to defendant the plaintiff Criminal Law Public law The accused The Punishment owes an government (such as a fine obligation to prosecutes the or society accused imprisonment) • Torts and Contracts o Similarity  Structure • Both have primary and secondary obligations • Primary: tells people how they should act o E.g., tort of battery says “Do not touch another person in an offensive way.” o E.g., law of contract says “Keep your promises.” • Secondary: tells people how they must act after primary obligations are broken o E.g., “Pay money to the plaintiff as compensation for the losses that you caused.” o Differences Source of Privity Compensatory Risk Obligation Damages Management Tort Law Imposed by Enforceable Place the May take a law regardless of plaintiff as if person by any agreement the tort did not surprise; May between the occur require more parties than a person is able to give Contract Law Voluntarily Enforceable Place the Always created by only by or plaintiff as if possible to parties against a party contract know the to the contract performed obligations in advance; Always possible to limit the obligations to promises that can be fulfilled • Types of Torts (all based on mental culpability) o Intentional torts  When a person intentionally acts in certain ways  Includes: assault; battery; false imprisonment; trespass to land; interference with chattels; conspiracy; intimidation; interference with contractual relations; unlawful interference with economic relations; deceit  Deliberate performance of a prohibited act  Deliberate infliction of harm o Negligence torts  When a person acts carelessly  Includes: occupiers’ liability; nuisance; negligence; professional negligence; product liability  Balance freedom of action and freedom from harm • Activity allowed if reasonable in circumstances
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