LAW 122 Chapter Notes - Chapter 3: False Imprisonment, Legal Liability, Bell Canada
Document Summary
Tort: wrongdoing in private law, private obligation, breach of obligation to a person, claim by individual plaintiff, usual remedy of compensatory damages, source of primary obligation is the law. Tortfeasor: person who commits a tort. Tort = private wrong: wrongdoing in private law, private obligation, breach of obligation to a person, claim by individual plaintiff, usual remedy of compensatory damages. Crime = public wrong: breach of obligation to society, prosecution by crown, usual remedy of punishment. Tort and crime: overlap: same event may be both a crime and tort (ex) beating = tort + assault = crime. Structure: breach of primary duty creates secondary duty, tort. Primary duty = do not harm one another. Secondary duty = compensatory damages: contract. Imposed by law based on circumstances (ex) negligence duty of care if neighborhood principle: contract. Chapter 3: introduction to torts (ex) duty to pay price under voluntarily sale.