Law 294 - Chapter 3

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  1. What is a tort?
    Consists of a failure to fulfill a private obligation that was imposed by law.
  2. What is a tortfeasor?
    A person who has committed a tort.
  3. What is one similarity between torts and contracts?
    Structure - Both involve primary and secondary obligations.
  4. What are 4 differences between torts and contracts?
    1. Source of Primary Obligations - Obligations in tort are imposed by law. In contract, obligations are created by the parties.

    2. Privity - In contract only the people in a contract can sue or be sued, they have created a special relationship. In tort, no relationship is needed. If a random stranger beats the shit out of you, you can sue them.

    3. Compensation - Tort looks backwards, contract looks forwards.

    4. Risk Management - Torts take people by surprise and sometimes require more than a person is actually capable of providing. Contracts are voluntary, so never a surprise and never more than what someone can provide.
  5. What are the 3 types of torts?
    • 1. Intentional tort
    • 2. Negligence tort
    • 3. Strict liability tort
  6. When do intentional torts occur?
    When someone intentionally acts in a certain way.
  7. When do negligence torts occur?
    When a person acts carelessly.
  8. When do strict liability torts occur?
    When a person does something wrong without intending to do so and without acting carelessly.
  9. What is liability insurance?
    A contract in which an insurance company agrees, in exchange for a price, to pay damages on behalf of a person who incurs liability.
  10. What is a duty to defend?
    Requires the insurance company to pay the expenses that are associated with lawsuits brought against the insured party.
  11. What is a compensatory function?
    Aims to fully compensate people who are wrongfully injured.
  12. What is a deterrence function?
    It discourages people from committing torts by threatening to hold them liable for the losses that they cause.
  13. What is vicarious liability?
    When an employer is held liable for a tort that was committed by an employee.
  14. What remedies are available in tort?
    Compensatory damages

    Punitive damages

    Nominal damages

  15. What are compensatory damages?
    Defendant is required to pay for the losses that it caused the plaintiff to suffer.

    In tort, plaintiff back to position the party enjoyed before tort occurred.

    In contract, plaintiff back to position that the party expected to enjoy after contract was preformed.
  16. What is remoteness?
    A loss is remote if it would be unfair to hold the defendant responsible for it.
  17. What is mitigation?
    When the plaintiff takes steps to minimize the losses that result from the defendant's tort.

    Rat bite example.
  18. What are punitive damages?
    Intended to punish the defendant.
  19. What are nominal damages?
    Symbolically recognize that the defendant commited a tort even though the plaintiff did not suffer any loss.

    Neighbor going into your yard for a ball...
  20. What is an injuction?
    A court order that requires the defendant to do something or refrain from doing something.

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Law 294 - Chapter 3
2010-12-07 02:13:40

Introduction to Torts
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