LAW 122 Lecture Notes - Forego, Ontario Human Rights Code, Strict Liability
Document Summary
Tort: a wrongful doing in private law failure to fulfill private duty imposed by law (most instances, imposed by common law) Common law doctrine legal rights, duties, liabilities generated by judge made law(s) Legally imposed code of personal conduct (contrast - a public wrong is a breach of duty owed by state criminal law: a committed wrong can be both a crime & tort. Tort private wrong arising from general duty owed to each other. Tort no need for special relationship to exist between parties. Contract applies only to parties in contract. Tortious damage compensate victim for consequential loss/cost incurred (e. g. loss of wage) Contractual damage compensate for loss incurred because party breach failed to fulfill his/her contractual duties. Intentional torts: an action purposely undertaken by a person causing injury/damage to another: for certain torts must have been to injury/damage another, for other torts must have been only to act in a certain way (doesn"t necessarily cause damage/injury)