LAW 122 Chapter Notes - Chapter 3: Rylands V Fletcher, Professional Negligence In English Law, False Imprisonment
13 Sep 2013
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Tort: generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor is a person who has committed a tort. Tort occurs when a person breaks a private obligation. A crime occurs if a person breaks a public obligation. The defendant owes an obligation to the plaintiff. Blood feud: allowed the family of a murder victim to take revenge by the killing the murderer or someone in his family. The idea of allowing a victim to demand compensation from a wrongdoer developed into the system of private tort law. The idea of allowing a community to punish a wrongdoer developed in to the public system of criminal law. Enforceable regardless of any agreement between the parties. Enforceable only by or against a party to the contract. Place the plaintiff as if the tort did not occur. May require more than a person is able to give. Place the plaintiff as if contract was fulfilled.
