GBL 295 Study Guide - Midterm Guide: The Employer, Social Programs In The United States, Respondeat Superior
4 Apr 2017
School
Department
Course
Professor
Document Summary
Tort law: a civil wrong torts refer to a general classification covering civil causes of action providing private remedy for injury to one party caused by the tortious conduct of another party. Loss distribution/adjustment: shifting losses from victims to perpetrators. The object of compensation is to place the victim in the position he/she was before the tort was committed. Difficult to do, so we compensate: deterrence: through exemplary or punitive damages. It means that frailty of the injured person is not a defense in a tort case. Intentional torts: each with different elements, so the subject is not as amenable to a one or two class session. (intentional or reckless behavior) o o defendant possessed the intent or purpose to inflict the resultant injury. Examples: assault (one person intentionally puts another in reasonable fear of an imminent offensive or harmful bodily contact) Battery(harmful or offensive touching - includes pushing, punching, spitting, or shooting)
