LAW 122 Lecture Notes - Lecture 2: Self-Defense, Liability Insurance, Independent Contractor
26 Jan 2018
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Tort: consists of a failure to fulfill a private obligation that was imposed by law (law of civil wrong) Enforceable regardless of any agreement between the parties: contract is only enforceable by or against a party to the contract. Damage: as if the tort had not occurred. Risk: unexpected, might require more than a person is able to give. If it is, what kind? (intentional, negligence, strict liability) Refers to the breach of a private obligation. An obligation in tort law is owed to a person. Tortfeasor is a person who has committed a tort. Tort occurs when a person breaks a private obligation while a crime occurs when a person breaks a public obligation. Public obligations are owed to society as a whole. Tort and crime arise from the same facts: crime = public wrong. Tort - no existing agreement, whereas contract does have an existing agreement. Torts and contracts involve primary and secondary obligations.
