Tort and Contract LAw Flashcards
Tort Law Textbook definition
To compensate a party that has suffered damages as a result of intention or unintentional wrongdoing.
3 key Tort principles
Defendant owed plaintiff the duty of care
Defendant breached duty by their conduct
Defendant’s conduct caused injury to plaintiff
Strict Liability
when a defendant is liable for commiting an action regardless of mental state, or intent.
Vicarious Liability
When a supervisory party is liable for the negligent actions of a
third party for whom they are responsible
Tort law case format
Introduction: what does tort law address, need for contractual relationships?
Analysis: Who’s involved? Were the key principles met?
Liability:
Decision.
Contractual relationship
contractual relationship is a legal bond between at least two people who agree to at least one term or promise.
Concurrent Tortfeasors
A single injury caused by several people acting without common design, and are not joint.
Negligent
Failing to take proper care
Duty of Care
Legal obligation to provide reasonable amount of care
Standard of Care
the level of care, caution, and
judgment that a reasonable person would exercise in a
particular circumstance
Types of Tort law
Intentional torts: torts against body or property
Nuisance torts: protect against harms to property
Economic torts: fraud, conspiracy, restraint of trade
Negligence
Negligence torts
Negligence torts: harms done to people through the failure of another to exercise a certain level of care
Concept of contract and 5 elements
Legally enforceable agreement between two parties
Offer made and accepted
Mutual intent to enter into contract
Consideration - eg.money
Capacity to contract
Lawful purpose
Letter of intent
Express interest to proceed
if clearly an agreement to agree, it does not constitute a contract.
Tort Law Case study dissection tools
Does defendant/plaintiff or case contain 3 key principles?
What type of tort is it?
Is there duty of care or standard of care to consider?
Is there negligence?
When is a ‘contract’ enforceable
Must contain all essential terms
Element 3: Consideration
Each contracting party must bring something of value
In the sense that an act or promise must be bought or bargained for by another
Gratuitous Promise
A promise without ‘consideration’/exchange of value
Not legally binding
Contract law case study dissection tools
Does the contract contain 5 key elements?
Is equitable estoppel a factor?
Interpretation or ambiguities
the doctrine of frustration?
equitable estoppel
legal principle which means that, in certain cases, the Administrative Law Judge (ALJ) can order the department to stop doing something because it is not fair to a client i.e. overpayment.
Element 4: Capacity
Person’s legal ability to enter a contract
eg. minority
Misrepresentation
False statement of a material fact that affects the other party’s decision to agree
Duress
If a contract was induced by intimidation, it is voidable
Concurrent Liability in Tort and
Contract
Plaintiff establishes common law duty of care was owed due to the relationship of proximity to constitute that duty with no policy negating such.
Rule of Contra proferentem
Where a contract is ambiguous, it will be construed or interpreted against the party that drafted the provision.
Parol evidence
No additional clauses / extrinsic evidence or consequence can be added to a contract after final agreement in writing.
Force majeure
unforseeable events
