CLAW1001 Lecture Notes - Lecture 7: Crown Colony, Tort, Strict Liability
22 May 2018
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Lecture 7
TORT
What is Tort?
A tort is a wrongful act that leads to civil liability.
A tort is a breach of duty imposed by law, as opposed to
duty imposed by agreements (i.e. contract).
Tort — civil (private) wrongs
which give a remedy to a
person injured by an act or
omission of another.
Wrongdoer — known as
“tortfeasor”
Injury — may be physical,
proprietary or economic
Usual remedy —
compensation in the form of damages
• What is the relationships between tortious, criminal and contractual liability?
1. Contract — Civil Action
- obligations are determined by agreement — by the terms of contract
- action commenced by party seeking relief
- successful action leads to compensation
2. Torts — Civil Action
- obligations are fixed by law
- action commenced by injured party
- successful action leads to compensation
3. Crime — Criminal Action
- obligations are fixed by law
- action commenced by State (Crown/ Police/ Executive Agency e.g. ACCC)
4. Overlap?
some actions may give rise to tortious and criminal and contractual consequences
find more resources at oneclass.com
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Document Summary
A tort is a wrongful act that leads to civil liability. A tort is a breach of duty imposed by law, as opposed to duty imposed by agreements (i. e. contract). Tort civil (private) wrongs which give a remedy to a person injured by an act or omission of another. Injury may be physical, proprietary or economic. Obligations are determined by agreement by the terms of contract. Action commenced by state (crown/ police/ executive agency e. g. accc) some actions may give rise to tortious and criminal and contractual consequences: the law of torts. There is a range of different and discrete torts. Tort is an area of judge made law with minimal legislative interference. Customer injured when slips on a lettuce lead on the floor of the produce department. Pedestrian suffers mental distress after witnessing a horrific car accident. Investor suffers financial loss in reliance on a negligent audit report.
