LAW 122 Chapter Notes - Chapter 3: Independent Contractor, Vicarious Liability, Implied Consent
LAW - Chapter 3 - Introduction to Torts
Tort - generally consists of a failure to fulfill a private obligation that was imposed
by law
Tortfeasor - a person who has committed a tort
A tort occurs if a person breaks a private obligation, a crime occurs if a person
breaks a public obligation (a public obligation is owed to society as a whole)
i.e. if I hit you I will commit the tort of battery and the crime of assault
Torts vs Contracts
Structure: both tort and contract involve primary and secondary obligations.
Primary obligations tell people how they ought to act. Secondary obligations
are remedial (how you must act after primary obligations)
Source of primary obligations: obligations in tort are simply imposed by
law. Obligations in contract are created by the parties
Privity: privity states that only people who can sue, or be sued, on a contract
are the parties themselves. In tort - there is no need for the parties to create a
special relationship for themselves
Compensation: compensation is available in both tort and contract. 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 imposed by law, they are more likely
to take a person by surprise, and they may require more than a person is
actually capable of providing. Obligations in contract are created voluntarily,
they should never take the parties by surprise, and should never require
more than the parties can actually provide.
Types of Torts
Intentional torts - occur when a person intentionally acts in certain ways
Negligence torts - occurs when a person acts carelessly
Strict liability torts - occur when a person does something wrong without
intending to do so and without acting carelessly
oCreate special problems for risk management. They do not require
proof of any sort of intentional or careless wrongdoing
oLimited to situations in which the defendant is involved in some
extraordinarily dangerous activity
General principles of Tort Law
Liability insurance - a contract in which an insurance company agrees, in exchange
for a price, to pay damages on behalf of a person who incurs liability
Duty to defend - requires the insurance company to pay the expenses that
are associated with lawsuits brought against the insured party
Compensatory function - aims to fully compensate people who are
wrongfully injured
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Document Summary
Law - chapter 3 - introduction to torts. Tort - generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor - a person who has committed a tort. Structure: both tort and contract involve primary and secondary obligations. Primary obligations tell people how they ought to act. Secondary obligations are remedial (how you must act after primary obligations) Source of primary obligations: obligations in tort are simply imposed by law. Obligations in contract are created by the parties. Privity: privity states that only people who can sue, or be sued, on a contract are the parties themselves. In tort - there is no need for the parties to create a special relationship for themselves. Compensation: compensation is available in both tort and contract. The purpose of imposing obligations in tort law is to prevent harm. The purpose of creating obligations in contract is usually to provide benefits.
