BU231 Chapter Notes - Chapter 4: Malicious Prosecution, Nuisance, Strict Liability
Document Summary
Tort: a wrongful act causing harm to the person or property of another. Improper behaviour by one person that causes injury to another; more often unintentionally. Injury can be physical (to person / property), emotional or financial. I(cid:374)te(cid:374)tio(cid:374)al to(cid:396)t: e(cid:448)e(cid:374) if (cid:455)ou did(cid:374)(cid:859)t i(cid:374)te(cid:374)d the ha(cid:396)(cid:373), (cid:455)ou still i(cid:374)te(cid:374)ded the (cid:272)o(cid:374)du(cid:272)t. Unintentional tort: even if you intend the conduct, you still caused the harm still tort. Unintentional tort + intentional tort both will get sued but under different cause of actions. Goal is not to punish but to compensate. Purpose of tort law suit: compensate victims for losses caused by activities of others: punishment left to criminal law. Tort identifies a set of circumstance that creates a right to claim compensation. Before, anyone who caused direct injury to another, had to pay no inquiry made: called strict liability: liability that is imposed based upon causation regardless of fault.
