LAW 122 Lecture Notes - Lecture 3: Liability Insurance, Risk Management, Independent Contractor
26 Dec 2016
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Tort: a failure to fulfil a private obligation that was imposed by law. No need for parties to create a relationship. Likely to take a person by surprise and require more than they can provide. Should never take parties by surprise or require more than they believe they can provide primary obligations: tell people how they ought to act secondary obligations: tell people how they must act after primary obligations have been broken. Intentional: occur when a person intentionally acts in certain ways. Strict liability torts: occurs when a person does something wrong without intending to do so and without acting carelessly. Do not require proof of intentional or careless wrongdoing. Liability insurance: a contract in which an insurance company agrees, in exchange for a price, to pay damages on behalf of a person who incurs liability. Duty to defend: requires an insurance company to pay the expenses that are associated with lawsuits brought against the insured party.
