Chapter 3 Flashcards
Tort Law
- personal/private wrongdoings to another person
- Tortfeasor is a person who commits a tort
- discourages committing prior wrongs by requiring people to compensate victims
Tort vs Contract
Tort
- primary: do not harm others
- secondary: compensatory damages
Damages are backward looking
Contacts
- primary: fulfil your promises
- secondary: compensatory damages
Damages are forward looking
Tort law focusses on
Mental culpability on basis of strict liability, intention, or carelessness
Mental culpability
Some require proof that the defendant acted with a “guilty mind”
Strict torts
Liable, regardless of intention
And inherently dangerous, physical act or animals
It clearly has a high degree of risk So they are liable regardless
- Tiger King example
Liability insurance
Insurance company will pay to deal with liability provided it is not and intentional or criminal act
Is expected to defend the insured and pay compensation if held liable
Increases victims probability of compensation
Does not normally cover all torts the insured has
Intentional Tort
I person intentionally acts a certain way
Some torts require intend to harm plaintiff
Some require intent to act a certain way
Negligence torts
Acting carelessly, recklessly, sloppy, or without due regard
Circumstances matter Same at intentional torts
Vicarious liability
Being held liable for torts committed by another
Employer often vicariously liable for employees torts (employee still also liable, but employer rarely seeks indemnity from employee)
- employee performing employer authorized actions even if him probably or illegally carried out
- enhances compensatory function (deeper pockets)
- enhances deterrence function (hiring, good people and promoting safety)
- fairness that a company pays for its mistakes
Independent contractors
Employers not liable
Employers may use independent contractors to shift liability
Can be deemed liable the more an employer controls the independent contractor
Compulsatory damages
Backward looking
Equivalent to the loss the party suffered
Miss doing must be reasonably foreseeable (intentional)
Plaintiff must try and mitigate damages (go to Physio for injury)
Punitive damages
Outrageous, harsh actions cause for additional compensation
Nominal damages
No damages required (undeserving)
symbolically recognize compensation
Small amount of money rewarded because plaintiff was correct, but not really harmed
Alternative compensation schemes
Compensation based on injury rather than wrongdoing
Ex. Worker’s Compensation, they can’t sue but are entitled to compensation
No fault insurance scheme, prevent motor vehicle accident victims from suing, but give them benefits if fault is proven
