ADMS 2610 Chapter Notes - Chapter 4: Qualified Privilege, Eaves, Consumer Protection
29 Apr 2017
School
Department
Course
Professor
Document Summary
Lati(cid:374) (cid:449)ord for (cid:862)tortus(cid:863) (cid:373)ea(cid:374)i(cid:374)g a (cid:449)ro(cid:374)g. A wrong committed by one person to another. A tort and crime can arise from the same incident. Criminal is public (crown brings the action: public wrongs or wrongs against society. Tort law is private (injured party brings the action in civil court: private wrongs or wrongs against the individual. Contract law relationship created by contract. Tort law broader application, may be a stranger. A threat of violence or injury to a person. The unlawful touching or striking of another person. Not every application of force is a battery in law. Applied with the intention of causing harm. If it does not cause harm, it must be done without consent or in anger. Punitive damages awarded in situations of vicious and unprovoked attacks. Provocation: only taken into account in determining damages. Self defense: can be a complete defense if establish defendant had a genuine fear and forced used was reasonable in circumstances.
