Textbook Notes (369,133)
Canada (162,403)
LAW 122 (625)
Stan Benda (71)
Chapter 3

chap3

4 Pages
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Department
Law and Business
Course Code
LAW 122
Professor
Stan Benda

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Chapter 3 Introduction to TortsINTRODUCTION TO TORT LAWoTortgenerally consists of a failure to fulfill a private obligation that was imposed by lawTorts and CrimesoTortfeasora person who commits a tortThus you are entitled to sue me If you win the lawsuit the court will hold me liableprobably order me to pay damages to you A tort occurs when a person breaks a private obligation whereas a crime occurs if a person breaks a public obligation A public obligation is owed to society as a whole thus if something goes wrong the govt will prosecute the accused on behalf of the whole community If the court agrees with the govt then the accused will be found guilty and subject to punishmentIn many cases tortscrimes will overlap Eg If I sneak into your house I commit the tort of trespass to landthe crime of breakenterConcept Summary 31Torts and ContractsJust as torts may be confused with crimes it may also be confused with contracts We will outline one similarity and four differencesStructureBoth tortcontract involve primary and secondary obligationsaPrimary obligations tell ppl how they ought to act Eg Tort of BatteryDont touch another person in an offensive way Law of ContractKeep your promisebSecondary obligations are remedialtells ppl how they must act after primary obligations have been brokenBoth tortcontract Pay money for harm that has been causedSource of Primary Obligations Tort Obligations of tort are simply imposed by lawContract Obligations are created by the parties involvedPrivityTort Since obligations are imposed by law I can sue you even if you dont agree to anythingContract Privity states that the only ppl who can sue or be sued on a contract are the parties themselvesCompensationsCompensations are available in both torts and contracts Tort Obligations are imposed to prevent harm For eg if you break primary obligationsmy injuries cost 5000 in medical bills I can recover this amount form youContract Obligations usually provides a benefit For eg If you agreed to buy my car for10000 but you failed to do so you still have to pay me for whatever the car is really worth 13 000Types of Torts 1 of 4
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