LAW 122 Chapter Notes - Chapter 3: Strict Liability, Independent Contractor, Punitive Damages
Document Summary
Tort = generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor = a person who has committed a tort. Tort = private wrong (person breaks private obligation) claim by individual plaintiff. Crime = public wrong (person breaks public obligation) Usual remedy of punishment (fine or imprisonment) Both overlap; same event may be both tort and crime (ie a beating: crime of assault, tort of battery) Contracts are created by the parties, rather than imposed by law. Similarity between torts and contracts: structure: both involve primary and secondary obligations. Example: tort of battery says do not touch another person in an offensive way . Differences between torts and contracts: source of primary obligations: Tort law covers a great deal of territory. Tort law tries to strike a balance between competing interests: respect efficiency of business vs. compensating consumers respect freedom of choice vs. discouraging dangerous behaviour.