LAW 122 Lecture Notes - Lecture 2: Punitive Damages, Liability Insurance, Independent Contractor
23 Aug 2016
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Document Summary
Purpose of tort law: - discourage bad behavior. Punish (not jail force them to pay) Private wrong private law (breeched your obligation to another individual)". Different types of torts on basis of mental culpability. Intentional: an intentional act on the part of the tortfeasor (i. e. intend to hit another individual, but do not intend to kill them liable because you intended to punch them) Negligence tort professional negligence (i. e. doctor accidentally kills a patient due to negligence) Balance of freedom of action and freedom from harm activity reasonable in circumstances (i. e. a doctor sees an individual on the street and he needs immediate attention the individual survives however gets an infection. This activity was reasonable due to the circumstances) Liability insurance risk management (liability insurance contract) Enhances compensatory function (i. e. the defendant does not have the money to pay for the action however the insurance company will pay)
