Textbook Note - Chapter 10.pdf

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Introduction to Tort Law Defining Tort Law Tort: A harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy. Primary objective of Tort law is to provide compensation to persons who are injured as a result of the actions of others. Torts broken down in to distinct categories: Trespass to land Wrongful interference with someone's possessions of land. Deceit or Fraud A false representation intentionally or recklessly made by one person to another that causes damage. Negligence Unreasonable conduct, including a careless act or omission, that causes harm to another. Tort-Feasor Person who commits a tort. How Torts are Categorized Intentional Torts and Negligence Intentional Torts A harmful act that is committed on purpose. Assault The threat of imminent physical harm. Battery Intentional infliction of harmful or offensive physical contact. Tort Law and Criminal Law Differences between Tort law and Criminal Law Purposes of the Actions Criminal law censors through punishment, imprisonment, or both. Tort law has the objective of compensating the victim for the harm suffered The victim's private right to extract compensation. Commencing the Actions In Criminal law the legal action is called a prosecution and is brought by the Crown Prosecutors. Employed by the federal government. Accused or Defendant In Tort law, the injured party brings the legal action. A Civil Action. Plaintiff Defendant Proving the Actions The Crown has the burden of proof in a criminal action. In tort, must prove who is responsible for damage.
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