LAW 122 Lecture Notes - Lecture 4: Damages, Liability Insurance, Vicarious Liability
17 Nov 2016
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Document Summary
Tort: failure to fulfill a private obligation that was imposed by law. Tort occurs when someone breaks a private obligation. Crime occurs when someone breaks a public obligation (theft) Structure both tort & contract involve primary and secondary obligations: primary tells people how they ought to act, secondary are remedial, they tell people how they must act after primary obligations have been broken. Obligations in tort are imposed by law, you must not commit a battery against anyone: contract. Obligations in contract are created by the parties. Privity themselves: only people who can sue or be sued on a contract are the parties. Compensation is in both tort and contract. Intentional torts occur when a person intentionally acts in certain ways. Negligence torts occurs when a person acts carelessly. Strict liability occurs when a person does something wrong without intending to. Nuisance do so and without acting carelessly.
