LAW 122 Lecture Notes - Lecture 2: Professional Negligence In English Law, Liability Insurance, Shoplifting
22 Oct 2017
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Document Summary
Tort a failure to fulfill a private obligation imposed by law. Includes almost every sort of private law wrong outside of breach of contract: social purpose: discourages people from committing private wrongs by requiring them to compensate & restore the wronged party. Rules (the payment of damages to compensate for any injury) Must be committed against: a person or, a reputation or, a thing. The defendant owes an obligation to the plaintiff. Similarities: structure, primary obligation tell people how they ought to act (e. g. don"t touch another person in an offensive way, secondary obligations how to act after primary is broken (e. g. pay fine) Types of torts: intentional tort (1st category) the intent of physical action, not necessarily the tort, e. g. Committing battery by shoving someone or throwing something on another person"s lawn: examples of intentional torts: assault, battery, false imprisonment, intimidation, false imprisonment, conspiracy, deceit, negligence tort (2nd category) careless/reckless/indifferent, e. g.
