LAW 122 Lecture Notes - Lecture 2: Strict Liability, Liability Insurance, Independent Contractor
6 Oct 2016
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Introduction to tort law: tort = generally consists of a failure to fulfill a private obligation that was imposed by law, tortfeasor = a person who has committed a tort, torts and crimes: Tort = private wrong (person breaks private obligation: breach of obligation to a person, claim by individual plaintiff, usual remedy of compensatory damages (19126$) Crime = public wrong (person breaks public obligation: breach of obligation to society, prosecution by crown, usual remedy of punishment (fine or imprisonment) Both overlap; same event may be both tort and crime (ie a beating: crime of assault, tort of battery: torts and contracts: Contracts are created by the parties, rather than imposed by law. Types of torts: tort law covers a great deal of territory, tort law tries to strike a balance between competing interest: Respect efficiency of business vs. compensating consumers. Respect freedom of choice vs. discouraging dangerous behaviour: torts differ on basis of mental culpability: 3 possibilities, intentional torts:
