MGT393H5 Chapter Notes - Chapter 4: False Arrest, Contributory Negligence, Vicarious Liability
Document Summary
Scope of tort law; development of tort concept; basis for liability; intentional vs. The word tort comes from a french word meaning wrong. a tort is improper behaviour by one person that causes injury to another, sometimes intentionally but more often unintentionally. The purpose of tort law is to compensate victims for harm caused by the activities of others. Usually punishment is left to the criminal law, if the conduct in question amounts to a crime. Generally, a tort identifies a set of circumstances that creates a right to claim compensation. Initially, societies followed the idea of strict liability; liability that is imposed based upon causation regardless of fault. Over time, the idea developed that a person should not be responsible for harm caused to another if he acted without fault. Initially, only direct or physical harm was considered by the courts. Gradually the courts recognized indirect or consequential injuries.