LAW 122 Lecture Notes - Lecture 2: Risk Management, Intentional Tort, Independent Contractor
4 Oct 2017
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Document Summary
Tort law includes almost every sort of private law wrong outside of breach of contract. Social purpose: tort law discourages people from committing private wrongs by requiring them. Tort vs. crime: to compensate and restore the wronged party. Ex: beating = battery (tort) + assault (crime). convicted) and you may sue me and recover money. Torts differ on basis of mental culpability. Intentional: an intentional act on the part of the tortfeasor. Negligence: failure to exercise the care that a reasonably prudent person would exercise injury was intended. Tort occurs when the defendant is responsible for an especially. Balance freedom of action and freedom from harm. occupier"s liability, nuisance. Duty to indemnify insured for loss if liable. Effects of liability insurance on tort law: Tort victim more likely to receive money. Vicarious liability = being liable for another"s torts. Sometimes preferable for a business to have work performed by an independent contractor (ex: risk shifting )
