Law 294 - Chapter 3

Consists of a failure to fulfill a private obligation that was imposed by law.

A person who has committed a tort.

Structure - Both involve primary and secondary obligations.

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.

• 1. Intentional tort
• 2. Negligence tort
• 3. Strict liability tort

When someone intentionally acts in a certain way.

When a person acts carelessly.

When a person does something wrong without intending to do so and without acting carelessly.

A contract in which an insurance company agrees, in exchange for a price, to pay damages on behalf of a person who incurs liability.

Requires the insurance company to pay the expenses that are associated with lawsuits brought against the insured party.

Aims to fully compensate people who are wrongfully injured.

It discourages people from committing torts by threatening to hold them liable for the losses that they cause.

When an employer is held liable for a tort that was committed by an employee.

Compensatory damages

Punitive damages

Nominal damages

Injuctions

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.

A loss is remote if it would be unfair to hold the defendant responsible for it.

When the plaintiff takes steps to minimize the losses that result from the defendant's tort.

Rat bite example.

Intended to punish the defendant.

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...

A court order that requires the defendant to do something or refrain from doing something.