BLAW 3201 Chapter : Chapter 7 Notes
Document Summary
Civil liability: all forms of civil liability are either, voluntarily assumed, as by contract. A tort is committed when: a duty owed by one person to another is breached, proximity causes injury or damage to the owner of a legally protected interest. Injuries may be inflicted intentionally, negligently, or without fault (strict liability). In certain cases, courts may away punitive damages, which are damages over and above the amount necessary to compensate the plaintiff. Infants are people who have not reached the age of majority, which is 18 in almost all. Infants are held liable for their intentional torts: the infant"s age and knowledge are critical in determining whether the infant had sufficient intelligence to form the requisite intent. Incompetents, like infants, are generally held liable for their intentional torts: to guide the courts in determining when they should impose liability for intentionally inflicted harm that does not fall within the requirements of an established tort, section.
