Chapter 3 Introduction To Torts

Topics: Tort, Strict liability, Tort law Pages: 24 (1103 words) Published: December 5, 2014
MANAGING THE LAW
(4TH EDITION)

Chapter 3: Introduction to Torts

Chapter 3 Overview


Introduction to Tort Law





Torts and crimes
Torts and contracts

General Principles of Tort Law





Liability insurance
Vicarious liability
Remedies
Alternative compensation schemes

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Law, 4e

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Chapter 3-2

Tort Law: Definition








A tort is a failure to fulfill a private
obligation imposed by law
Tortfeasor is a person who commits a
tort
Tort law includes almost every sort of
private law wrong outside of breach of
contract
Tort law discourages people from
committing private wrongs by requiring
them to compensate victims

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Law, 4e

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Canada Inc.

Chapter 3-3

Torts and Crimes



Same event may be both a tort and a
crime


eg beating is both tort of battery and crime

of assault
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Chapter 3-4

Torts and Contracts


Both involve primary and secondary
obligations


Breach of primary obligation creates
secondary duty




Tort
 Primary duty: do not harm another
 Secondary duty: compensatory damages
Contract
 Primary duty: fulfill your promises
 Secondary duty: compensatory damages

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Law, 4e

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Canada Inc.

Chapter 3-5

Torts and Contracts (cont’d)

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Chapter 3-6

Types of Torts
Torts law tries to balance competing
interests



Choosing between

and …

Freedom of choice

Deterring harmful behavior

Encouraging innovation
and efficiency

Compensating for injury
due to manufactured goods

Controlling activities that Showing more leniency for
threaten physical harm
economic risks


Tort law therefore focuses on mental
culpability, on basis of strict liability,
intention, or carelessness

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Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 3-7

Types of Torts

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Chapter 3-8

Intentional Torts




Occur when a person intentionally acts in
certain ways
Meaning of “intention” differs depending
on tort:


Some require intention to harm plaintiff (See
Chap. 5)




Protects financial interests from purposeful harm
 eg inducing breach of contract, intimidation

Some require only intention to act a certain
way (Chap. 4)

Protects valuable interests such as physical safety
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Managingand
the freedom
Chapter 3-9
Canada Inc.
Law, 4e


Negligence Torts (Chapters 5 &
6)


Occurs when a person acts carelessly






eg negligence, product liability, professional
negligence, occupier’s liability, nuisance

Activity is permitted if reasonable in
circumstances
Will be dealt with in detail in Chapter 6

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Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 3-10

Strict Liability Torts




Liability regardless of intention or
carelessness
Create special problems for risk
management




Liability imposed simply because defendant
responsible for situation that cased harm

Strict liability torts are rare, limited to
extraordinarily dangerous activity


activity permitted, but liability imposed for
any harm

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Pearson
Examples: livestock,
ownership
of wild
Chapter 3-11


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Liability Insurance




Unexpected tort liability imposes
challenges for risk management
Liability insurance can be used to manage
tort liability


Contract in which insured pays insurance
company to





Defend claims against insured
Indemnify insured for loss if held liable

Does not normally cover all torts of insured

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Law, 4e

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