LAW 122 Chapter Notes - Chapter 3: Independent Contractor, Structural Similarity, False Imprisonment
5 Feb 2016
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Tortfeasor a person who has committed a tort. Tort = private wrong: involves a breach of obligation to a person, the claim is made by individual plaintif, the usual remedy is compensatory damages. Crime = pubic wrong: it involves a breach of obligation to society, prosecution is pursued by the crown, the usual remedy is punishment. The same event may be both a tort and a crime (ie: a beating) Structural similarity: in both tort and contract, the breach of a primary duty creates a secondary duty. The source of primary obligations: in tort: imposed by law based on circumstances, in contract: voluntarily created by parties. Place plaintif as if tort never occurred: in contract: forward-looking damages. Place plaintif as if promise is fulfilled. Tort damages are designed to eliminate the efects of the wrong. Tort law requires balance of competing interests: protecting free choice vs. deterring harmful behaviour, encouraging innovation vs. compensating for losses, physical harm vs. economic loss.
