LAW 122 Chapter Notes - Chapter 3: Adversarial System, Precontract, Vicarious Liability
10 Dec 2013
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Document Summary
Two main sources of obligations in private law: contract and tort. Tort generally consists of failure to fulfill a private obligation imposed by law. Tort refers to breach of private obligation obligation in tort owed to a person. Tortfeasor a person who has committed a tort; entitles other to sue, person liable for damages as result. Tort compared to crime tort involves person who breaks private obligation; crime involves person who breaks public obligation. Two concepts often arise from same facts, eg. , hit another person, you commit tort of battery and crime of assault; taking car without permission tort of conversion, crime of theft; sneaking into house. Tort of trespass to land, crime of break and enter. Tort law: private law, parties involved in obligation: defendant owes obligation to plaintiff, parties to action if obligation broken: plaintiff sues defendant, usual remedy: compensatory damages.
