LAW 122 Chapter Notes - Chapter 3-4: Intentional Tort, Liability Insurance, Vicarious Liability
Document Summary
Refers to the breach of a private obligation. An obligation in tort law is owed to a person. For instance, i owe you personally to not make defamatory statements about your past. That obligation will be broken if i falsely tell your employer that you were once convicted of murder. I will be a tortfeasor-a person who has committed a tort. You will then be entitled to sue me. Tort occurs when a person breaks a private obligation, a crime occurs if a person breaks a public obligation. Public law the defendant owes an obligation to the plaintiff. the plaintiff sues the defendant. Compensatory damages the accused owes an obligation to society. the government prosecutes the accused. Torts and contracts: structure- both tort and contract involve primary and secondary obligations. Primary obligations tell people how they ought to act. For instance, the tort of battery says do not touch another person in an offensive way .