LAW 122 Lecture Notes - Lecture 3: Adversarial System, Liability Insurance, Independent Contractor
16 Oct 2016
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Document Summary
The intention of imposing obligations in tort law is to prevent harm. The obligation is to put the person back to their original position. Because tort obligations are imposed by law they are more likely to take someone by surprise. They also might require more than a person can actually provide. In contracts, as they were created voluntarily, the parties involved should not be surprised. Liability insurance contributes to the compensatory function of torts which aims to fully compensate people who are wrongfully injured. However liability insurance undermines the tort law"s deterrence function which discourages people from committing torts by threatening to hold them liable for the losses they cause. Vicarious liability: occurs when one person is held liable for a tort that was committed by another person. It serves tort law"s compensatory function by allowing the plaintiff to claim damages from both the employee and the employer.
