LAW 122 Lecture Notes - Lecture 3: Product Liability, Punitive Damages, False Imprisonment
5 Dec 2015
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Document Summary
Tort generally consists of a failure to fulfill a private obligation that was imposed by law. The purpose of tort law is to compensate the plaintiff (victim) Tortfeasor: a person who has committed a tort. Tort occurs when a private obligation is broken, crime occurs when a public obligation is broken. Torts are confused with contracts as much as they"re confused with crimes. Both tort and contract involve primary and secondary obligations: primary: tell people how they ought to act, secondary: remedial; tell people how they must act after primary obligations have been broken. Obligations in tort are imposed by law, in contract, they are imposed by the parties. The only people that can sue or be sued are the parties themselves (doctrine of privity) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) Compensation is available in tort and contract, but calculated differently in each. Intentional torts: occur when a person intentionally acts in certain ways.
