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LAW 122 (618)
Chapter 3

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Department
Law and Business
Course
LAW 122
Professor
Theresa Miedema
Semester
Fall

Description
Managing the Law: The Legal Aspects of Doing Business Chapter 3: Introduction to Torts Introduction to Tort Law  Tort o Wrongdoing in private law o Private obligation o Breach of obligation to a person o Claim by individual plaintiff o Usual remedy of compensatory damages o Source of Primary Obligation is the law  Tortfeasor o Person who commits a tort Tort and Crime  Tort = Private Wrong o Wrongdoing in private law o Private obligation o Breach of obligation to a person o Claim by individual plaintiff o Usual remedy of compensatory damages  Crime = Public Wrong o Breach of obligation to society o Prosecution by crown o Usual remedy of punishment  Tort and Crime: Overlap o Same event may be both a crime and tort o (ex) beating = tort + assault = crime Tort and Contract  Structure o Breach of primary duty creates secondary duty o Tort  Primary duty = do not harm one another  Secondary duty = compensatory damages o Contract  Primary duty = fulfill promise  Secondary duty = compensatory damages  Source of Primary Obligations o Tort  Imposed by law based on circumstances  (ex) negligence duty of care if neighborhood principle o Contract  Voluntarily created by parties Law 122 Chapter Notes Mariam Chaudry Managing the Law: The Legal Aspects of Doing Business Chapter 3: Introduction to Torts  (ex) duty to pay price under voluntarily sale  Privity o Tort  Action by or against anyone caught by duty or right  (ex) must act carefully even if no promise to do so o Contract  Action by or against only voluntary party to contract  (ex) must pay price only if promised to do so  Typical Compensation o Tort  Backward- looking damages  Place plaintiff as if tort never occurred o Contract  Forward- looking damages  Place plaintiff as if promise fulfilled  Risk Management o Tort  Imposed obligations tougher to manage o Contract  Voluntary obligations easier to manage Types of Torts  Torts require balance of competing interests o protecting free choice vs. preventing harmful behavior o encouraging innovation vs. compensating losses o physical harm vs. economic loss  Torts differ on basis of mental liability o Strict Liability (caused by animals)  Tortfeasor did not intent to commit a wrongful act, nor did the wrongful act arise from his/her carelessness  Absolute legal responsibility for an injury that can be imposed on the wrongdoers without proof of carelessness or fault  It is obvious that the action caused/ resulted in injury or damage to another  Strict liability offences are rare  Restricted essentially to situations where the actions of the Tortfeasor result in a dangerous situation or activity  (ex) ownership of wild animals.  (ex) product liability  After one bite you have strict liability Law 122 Chapter Notes Mariam Chaudry Managing the Law: The Legal Aspects of Doing Business Chapter 3: Introduction to Torts o Intentional Torts  All we really mean is not by accident  An action intentionally undertaken by a person causing injury or damage to another  For certain torts the intention must have been to injure or damage another.  For other torts the intention must have been only to act in a certain way (not necessarily to cause injury or damage to another).  (ex) battery  False imprisonment o Negligence Torts  Careless act causing injury or damage to another  Whether the Tortfeasor intended the action or meant to cause injury damage is not relevant  (ex) nuisance Liability Insurance  Contract in which an insurance company agrees, in exchange for a price to pay damages on behalf of a person who incurs liability  Vicarious Liability o Legal liability is assessed against one person for the actions of another o Based on common law doctrine and also in statute (Ontario Human rights Code)  Examples  Parents may be legally liable for the actions of their children  Employers may be liable for the actions of their employees  Church may be liable for the actions of its ministers and priests o Social Policy Reasons For Vicarious Liability  Deterrence  (ex) it incents employers to take particular care in the people they employ  Compensation
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