LAW 122 Chapter Notes - Chapter 3-4: False Light, Contributory Negligence, Detinue
26 Mar 2017
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Chapter 3 & 4 introduction to torts and intentional torts. We define tort as a wrongdoing in private law. French tort=wrong, latin tortus=twisted or crooked, tortfeasor=person who commits a tort. The same event may be both tort and crime. For example, the act of beating may result in battery (tort) and assault (crime). Negligence torts: we define negligence as liability for careless behaviour. balance freedom of action and freedom from harm o activity permitted if reasonable in circumstances (eg negligence, nuisance, occupiers" liability) Liability insurance: this is a risk management issue: tort duty is unexpectedly imposed by law. Liability insurance shifts the risk to the insurance company. liability insurance contract o o insured pays price (premium) for protection insurer protects insured against harm: duty to defend claims against insured duty to indemnify insured for loss if liable. The rule made by the court in non-marine underwriters, lloyd"s of london v scalera (case brief 3. 2 on page 70):
