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notes ch6 - Thursday Feb 21 Ch 6 1 Tort Law General Legally...

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Thursday, Feb. 21 Ch. 6 1. Tort Law -- General Legally recognized interests. Entities legal protection. Ex. Assault and battery, defamation, law of negligence, trespass law Instances where a tort or legislative body extends legal protection to an interest we have Non contractual injury Tort and contract law are separate There are greater opportunities for damage claim to be larger in tort claim than contract claim. ---Designed to protect legally recognized interests ---Designed to compensate for non-contractual injury ---Key words: duty, foresee ability duty, ultimately there is a legal duty but depends on the nature of the tort, we have a duty not to falsely imprison people. Foresee ability, Wal-Mart v. Gonzales. Gonzales slipped on the floor on macaroni salad and filed suit against Wal-Mart and Wal-Mart was negligent because it did not clean up the salad. Is this injury foreseeable? The issue was whether Wal-Mart behaved in a reasonable way? Did Wal- mart’s employees act in a reasonable way?
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