LAW 122 Chapter 3: Chapter 3.docx
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15 Apr 2012
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Tort generally consist of a failure to fulfill a private obligation that was imposed by law. Tortfeasor is a person who has committed a tort: ex. on pg 60. Tort occurs when a person breaks private obligation. Crime occurs when a person breaks public obligation. Torts may be confused with crimes and contracts. 1 similarity and 4 differences btwn torts & contracts: structure (similarity) Both tort & contract involve primary & secondary obligations. Primary obligations tell ppl how they should act. They tell ppl how they must act after primary obligations have been broken. Ex. on pg 61: source of primary obligations. Obligations in tort are simply forced by law. Obligations in contract are created by the parties. Doctrine of privity states tht the only ppl who can sue, or be sued, on a contract are the parties themselves. In tort, there is no need for the parties to create a special relationship for themselves: compensation.
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