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LAW 122 (614)


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Ryerson University
Law and Business
LAW 122
Asher Alkoby

CHAPTER 3INTRODUCTION TO TORTSINTRODUCTION TO TORT LAW Tort derived from french word tort meaning wrong came from Latin word tortus twistedcrooked Tort generally consists of a failure to fulfill a private obligation that was imposed by lawTORTS AND CRIMES Tort refers to the breach of private obligationAn obligation in tort law is owed to a person For instance I owe an obligation to you personally to not make defamatory statements about your past Tortfeaser a person who has committed a tort You can sue them and if you win court will hold tortfeaser liable and order them to pay damages to you Tort can be compared to a crime Tort occurs when a a person breaks a private obligation crime occurs when a person breaks a public obligation Public obligation is owed to society as a whole rather than to any particular person Often arise from the same factsPrivate or PublicWhich parties are involved in What is the usual obligationremedyTort LawPrivate lawThe defendant owes an obligation to the Compensatory damagesplaintiffCriminal Public lawThe accused owes an obligtion to societyPunishment such as a Lawfine or imprisonementTORTS AND CONTRACTS Usually confused with contractsFour differences between contracts and crimes1 Structure both involve primary and secondary obligations 1 Primary obligations tell people how they ought to act 2 Secondary obligations are remedial tell how people should act after primary obligations have been broken2 Source of Primary Obligations Obligations in tort are simply inposed by law even thugh you never promised to behave yourself and even though we are complete strangers or heard of the law you must not commit a better against me On the other hand obligations in contract are created by the parties and every obligation was voluntarily agreed3 Privity Two people with a contract have a relationship with torts there is no need for the parties to create a special relationships for themseles because torts are imposed by the law I can sue for battery even if you never promised to not hit me4 Compensation Compensation for both contracts and torts but calculated differently Purpose of imposing obligations in tort law is to prevent harm5 Risk management Because tort obligations are imposed by the law they are more likely to take a person by surprise and may require more than a person is actually capable of providing Obligations in contract are created voluntarily so parties are never taken by surpriseSourceof ObligationPrivityCompensatory DamagesRisk ManagementTortImposed by lawPlace plaintiff as if tort had May take erson by Always enforceablenot ocurredsurpriseContractVoluntarily createdEnforceable only byagainst Place plaintiff as if contract Always known the party of contracthas been performedobligations in advance
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