LAW 122 Lecture Notes - Lecture 2: Liability Insurance, Professional Negligence In English Law, Strict Liability
Document Summary
Tort: failure to fulill a private obligation imposed by law: private law between 2 people, harm or damage to another person, fault. Tort occurs when a person breaks a private obligation. Crime occurs when a person breaks a public obligation. 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 to compensate & restore the wronged party. Enforceable regardless of any agreement between the parties. Enforceable only by or against a party to the contract. Place the plaintif as if the tort had not been occurred. Place the plaintif as if the contract had been performed. Always possible to know the obligations in advance. Always possible to limit the obligation to promises that can be fulilled. Meaning of intention difers depending on tort. Activity is permitted if reasonable in circumstances.
