ch3 Flashcards
tort
private wrong - breach of obligation to a person
- lawsuit
- compensatory damages
crime
public wrong
- breach of obligation to society
prosecution by crown
punishment
tort and crime overlap
same event may be both tort and crime
primary duty and secondary duty - tort law
do not harm another compensatory damage
primary and secondary duty - contract
fulfill promise
compensaotry damage
compensation tort law
backward looking - place plf as if tort never occured
compensation contract law
forward looking
places plf as promise fulfilled
risk management - tort law
imposed obligations tougher to manage
risk management - tort law
voluntary obligations eacier to manager
intentional tort
deliberate act or harm
negligence tort
liability for carless behaviour
strict liability tort
liability for action or products regardless if act was delberate or careless
liability insurance contract
insured pays price for protection
duty to defend claims against insured
duty to reimburse insured for loss if insured liable
effects of liabilty insurance
enhances compensatory function, undermines deterrence function
vicarious liability
liable for another persons tort
justifictions for vicarious liability
enhances compensatory functions and deterrence function
vicarious liability - employment requirement
wrongful act within scope of employment - employee acting in the course of employment or “frolic of his own”
wrongful act committed by an employee - distinction between employee and indept contractor
effects of vicarious liability
victim can sue employee and employer
employee generally liable to employer
remedies for vicarious liability
compensatory damages
- backward looking
- remoteness
- mitigation
- punitive, nomial, injuction
alternative comp schemes
comp based on injury rather than wrong/fault
Tort law - advantage v dis
full comp, deterrence vs comp limited only to losses that wrongfully occurred , expensive and time consuming
alternative comp schemes - adv vs dis
comp available w/o proof, quicker and less expensive vs less than full comp, more breadth but less depth, no deterrence
