MHR 623 Lecture Notes - Lecture 3: Intentional Tort, Vicarious Liability, Punitive Damages
4 Dec 2017
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Document Summary
A tort is a failure to fulfill a private obligation imposed by law. A tortfeasor is a person who commits a tort. It includes almost every sort of private law wrong outside of breach of contract. An act may be both a tort and a crime. Parties to private lawsuit are plaintiff and defendant. To regulate behavior: discouraging people from committing private wrongs. Remedies: compensating and restoring the wronged party to their pre harm condition which includes damages and injunction. Injunction : someone in a process of doing a tort. Types of torts: intentional : for example assault, negligence : for example product liability, strict liability: for example animals. Intentional tort: when a person acted intentionally and does something wrong on purpose. Meaning of intention differs depending on tort could be : intent to harm, intent to just do the act, which is not necessary. Negligence tort: it occurs when a person acts carelessly.
