Law 2101 Lecture Notes - Lecture 20: Punitive Damages, Strict Liability, Contributory Negligence

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Tort law is a variety of private law. Most generally, tort law governs various involuntary interactions between private individuals. Contract law is about voluntary interactions/obligations between individuals. Underlying both is property: what we own, how we come to own it, what we can to do with things we own. Example: i negligently hit you with my car. You didn"t ask to be hit, and the relationship that we enter into as a result of me hitting you isn"t one to which you consented to. Still, tort law imposes obligations on me, and makes me liable for certain damages i caused you. The distinction between voluntary and involuntary isn"t perfect. I. e. i decide to ski at your ski hill, but proceed to suffer injury as a result of your negligence you failed to provide adequate signage, the ski hill was improperly groomed. We would have an initial contract but a subsequent involuntary interaction giving rise to harm.

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