LAW 122 Lecture Notes - Lecture 2: False Imprisonment, Transferred Intent, Strict Liability
Document Summary
Tort: generally consists of a failure to fulfill a private obligation that was imposed by the law. Tort is a failure to fulfill a private obligation imposed by law. Tortfeasor: is a person who has committed a tort. Tort law includes almost every sort of private law wrong outside of breach of contract. Social purpose: tort law discourages people from committing private wrongs by requiring them to compensate and restore wronged part: to compensate, to deter. Primary (how people ought to act) and secondary (tell people how to act after primary obligation has been broken) obligation. Intentional: battery (no intent to harm but intent to touch, false imprisonment. Negligent: arise from actions of carelessness. Strict liability: doesn"t relate to any maliciousness. A tort occurs when a person acts carelessly: ex. negligence, product liability, professional negligence, occuppier"s liability nuisance. A tort occurs when a person intentionally acts in a defined wrongful way.
