LAW 122 Chapter Notes - Chapter 3: Liability Insurance, Strict Liability, The Employer
Document Summary
Consists of a failure to fulfill a private obligation that was imposed by law. Occurs when a person breaks a private obligation, while a crime occurs when a person breaks a public obligation: public obligation is owed to society as a whole, rather than a certain person. Example: i owe an obligation to you personally to not make defamatory statements about your past. This would be broken if i falsely tell your employer that you were once convicted of murder. Therefore, you will be entitled to sue me and, if you win, i would be held liable and probably ordered to pay damages to you. A person who has committed a tort. Where the defendant owes an obligation to the plaintiff. If obligation is broken, the plaintiff sues the defendant. Where the accused owes an obligation to society. If obligation is broken, the government prosecutes the accused. Remedy would be punishment, such as fine or imprisonment.