LAW 122 Lecture Notes - Lecture 2: Strict Liability, Tort

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Document Summary

Tort law: a failure to fulfill a private obligation imposed by law. Includes almost every sort of private law wrong outside of breach of contract. Tortfeasor: is a person who commits a tort. Analyze the situation for who is the tortfeasor and why. Social purpose: tort law discourages people from committing private wrongs by requiring them to compensate & restore the wronged party. Intentional: intend the physical action, not necessarily the tort. A medical team accidently amputates the wrong limb of a patient. Strict liability: intention and carelessness are irrelevant. Your cattle wander off your property and tramples your neighbour"s yard, you are strictly liable. Causing person or object to interfere with land. Vicarious liability: employer is responsible for a wrongful act done by an employee when it is done in the course of employment. Effects of vicarious liability: company will be held liable even though they did not do anything tortious.

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