POLS 2350 Chapter Notes - Chapter 7: Intentional Tort, Punitive Damages, Ginger Beer
9 Aug 2017
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Torts of intention & negligence: private law, public interest. Derived from latin tortus, mening crooked or wrong. Defined as a breach of legal duty other than under contract, with liberality for damages. From 11th century onwards, tort & crime were distinguished in britian. Crime & tort: distinctions & similarities: a crime is a public wrong, offence agaisnt public interest. A tort is a private wong, offence agaisnt private interest of individual, corporation or government: if someone attacks you, they will be charged by police for violation of assault unde rcriminal codes. Can also pursue civil claim in tort for assault, can recover damages for infliction of physical harm: tort system compensates victim of either intentional or negligeigent acts. Negligence premised upon doing something reasonable person not be expected to do, or failure to do something reasonable person expected to do. Tort liability premised upon meeting balance of probabilities test, criminal demand proof of offence beyond reasonable doubt.
