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law of torts-negligence part I (lecture 3 ) (Tort (Breach of a civil duty…
law of torts-negligence part I (lecture 3 )
Tort
Breach of a civil duty owed to another person
wrongful act
civil wrong other than a breach of contract
plantiff is a victim of tort and defendent is wrongdoer 'tortdeasor'
tort
victim succeeds then can ask for a remedy
eg of tort-nuisance,defamation ,assault and battery
assault and battery
assault is a person intentionally causes someone to fear immediate harm/threaten,battery is a person intentionally makes contact with another person in a harmful or offensive way
each tort has own set of elements and must be proven before plantiff can succeed ,each tort has own set of defences
types of liability and types of remedy
liability->primary and vicarious
remedy->damages and equitable remedies
negligence
failure to take reasonable care in the circumstances and damage caused
is a tort involving harm caused by carelessness
3 elements -duty of care ,breach of duty and damage caused by breach
tort vs crime ,tort vs contract
tort vs crime-(tort is a wrong against a private individual ,injured party sues ,objective is compensation)(crime is an offence against the state , state prosecutes and objective is punishment and deterrence )
tort vs contract -(tort is duty imposed by law automatically objective is to compensate for injury)(contract is duty imposed by terms of contract ,objective is to place parties in position as if contract performed )