PowerPoint 3 Part 1 Flashcards
Tort
A failure to fulfill a private obligation imposed by law.
Tortfeasor
A person who commits a tort.
Can the same incident lead to two different trials?
Yes, in civil and criminal courts.
What does tort law include?
Every sort of private law wrong outside of breach of contract.
What is the difference between a tort and a contract?
- A tort is imposed on everyone.
- Contracts are opted into. Only if you agree to it.
Tort law discourages people from…
Committing private wrongs by requiring them to compensate victims.
Vicarious Liability
Being held liable for torts committed by another.
Vicarious liability is a common ___ ___.
Business risk.
Is it common that you are not found guilty in civil court, but found guilty in criminal court?
No, it is the other way around. The burden of proof is higher in criminal court.
Vicarious liability only for employee torts committed…
In the course of employment.
Why are employers held vicariously responsible for actions of their employees?
Because businesses are required to bear costs of operation. Employees cannot afford to bear those costs.
Are businesses liable for torts committed by independent contractors?
No.
When are employers liable for their employees?
Then the employer instructs the employee to do something.
Can a victim only sue the employer?
No, the victim can sue both the employer and the employee.
The employer may be directly liable if they…
Carelessly trained employees. This is not based on vicarious liability.
Backwards Looking Damages
Asking for damages to put you in the position you were in right before you got victimized.
Forward Looking Damages
Suing for damages that have not yet happened.
Match the following: Tort Law, Contract Law, Forward Looking Damages, Backwards Looking Damages.
Tort law is backwards looking damages, contract law is forward looking damages.
Primary duty of torts:
Do not harm another.
Primary duty of contracts:
Fulfil your promises.
Intentional Torts
Occurs when a person intentionally acts in certain ways.
What are examples of intentional torts?
- Interference with the person.
- Trespass to land.
- Interference with chattels.
Interference with the Person:
- Assault and battery.
- Invasion of privacy.
- False imprisonment.
Interference with Chattels:
- Trespass.
- Conversion.
- Detinue.