LAW 122 Lecture Notes - Lecture 2: Lump Sum, Independent Contractor, Product Liability
4 Apr 2016
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Document Summary
Derived from the french word tort meaning wrong, in latin tortus , meaning twisted or crooked. Tort generally consists of a failure to fulfill a private obligation that was imposed by law. Tort 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. A tort occurs when a person breaks a private obligation, whereas a crime occurs if a person breaks a public obligation. Both tort and crime have primary and secondary obligations. Primary tells people how they ought to act. Secondary tells people how they must act after primary obligations have been broken. Obligations in tort are imposed by law. Obligations in contract are created by parties. Doctrine of privity states that the only people who can sue, or be sued on a contract are the parties themselves. Contrasts tort since obligations in tort are imposed by law.
