LAW 122 Lecture Notes - Lecture 2: Implied Consent, The Jockey Club, Independent Contractor
24 Mar 2016
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Document Summary
Suppose you are given a set of facts and asked to spot the issue . If it is a tort, what kind of tort is it? (intentional negligent, strict liability) *a tort is a failure to fulill a private obligation imposed by law. 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 requiting them to compensate and restore the wronged party. Tortfeasor (defendant) is a person who commits a tort. Damages: as if the tort had not occurred. Risk: unexpected; might require more than a person is able to give. Contract -enforceable: only by or against a party to the contract. Damages: as if the contract had been performed. Risk: obligations known in advance; always possible to limit the obligations to promises that can be fulilled. Parties involved: breach of obligation to a person.
