MGSC30H3 Chapter Notes - Chapter 6: Intentional Tort, Liability Insurance, Punitive Damages
Document Summary
A tort generally consists of a failure to fulfill a private obligation that was imposed by law. A tortfeasor is a person who has committed a tort. Liability insurance is a contract in which an insurance company agrees, in exchange for a price, to pay damage on behalf of a person who incurs liability. A duty to defend requires the insurance company to pay the expenses that is associated to the lawsuits brought against the insured party. Mitigation occurs when the plaintiff takes steps to minimize the loss that resulted from defendant"s tort. Punitive damages are intended to punish the defendant. Nominal damages symbolically recognized that the defendant committed a tort even though the plaintiff did not suffer any tort. An injunction is a court order that require the defendant to do something or refrain from doing something. Intentional tort involves intentional, rather than merely carless, conduct.
