LAW 122 Chapter Notes - Chapter 2: Liability Insurance, Damages, Professional Negligence In English Law
19 Apr 2016
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Tort: generally consists of a failure to fulfill a private obligation that was imposed by law. Tortfeasor is a person who has committed a tort. Tort occurs when a person breaks a private obligation. A crime occurs if a person breaks a public obligation. The defendant owes an obligation to the plaintiff. Blood feud: allowed the family of a murder victim to take revenge by the killing the murderer or someone in his family. Structure: both involve primary and secondary obligations: primary- tell people how they out to act, secondary are remedial how they must act after primary. Sources of primary obligations: obligations in tort are simply imposed by law. Privity: when two people enter into a contract they share a special relationship, privity states that the only people who can sue or be sued on a contract are the parties themselves. Enforceable regardless of any agreement between the parties. Enforceable only by or against a party to the contract.
