MGSB22H3 Chapter Notes - Chapter 3: Vicarious Liability, Independent Contractor, Adversarial System
Document Summary
Introduction to torts: tort: generally consists of a failure to fulfill a private obligation that was imposed by law, the wrong doings of a person. Torts and contracts torts may be confused with contracts. 1 similarity between both are: structure both involve primary and secondary obligations primary obligations tell people how they ought to act. Ex tort of battery says don"t touch people in offensive way while law of contract says keep your promises . Mgtc31 ch3 secondary obligations are remedial; tell people how they must act after primary obligations have been broken. Usually defendant is told pay money to plaintiff as compensation for losses you causes. Mgtc31 ch3 since obligations in contract are created voluntarily, should never take the parties by surprise and they should never require more than the parties believe they can actually provide concept summary 3. 2 pg 63 summarizes tort and contract. Strict liability strict liability torts unusual and often misunderstood.
