LAW 122 Chapter Notes - Chapter 3: Risk Management, Strict Liability, The Employer
12 Feb 2018
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Introduction to tort law: a tort consists of a failure to fulfill a private obligation that was imposed by law. Primary obligations tell people how to have to act. Secondary obligations are remedial- tell people how to act when primary obligations have been broken: 4 differences. Source of primary obligations: obligations in tort are imposed by law, obligations in contract are created by parties. Privity: the only people who can sue/ be sued are the ones on the contract. In tort, there is no need for parties to create a special relationship. Compensation: the purpose of imposing obligations in tort law is to prevent harm, the purpose of creating obligations in contract is usually to provide benefits. Risk management: tort obligations are more likely to take a person by surprise and they may require more than a person is actually capable of providing. Contracts should never require more than the parties believe they can actually provide.
