Chapter 4 Tort Law - Chapter 4 The law of torts Purpose of...

This preview shows page 1 - 2 out of 3 pages.

Chapter 4: The law of torts Purpose of tort: It is to compensate victims for harm caused by the activities of others Strict liability: Who ever caused harm to the other party must pay compensation o There is no consideration on whether it is intentional or unintentional Tort law has two principles 1) Is it the fault of the defendant – was the behaviour wrong? 2) The causation of harm – was the damage because of the defendant’s doing? Fault: In the eyes of the law, the actions of the person was unjustifiable because it was either intentional or due to carelessness Public policy: This involves the social, economic, political consideration or objectives that are believed to be beneficial to the society as a whole No-fault insurance: This is where the system of compulsory insurance has eliminated fault when involving claims Workers’ compensation: It is a scheme where employees have to pay a certain fund for injured workers in accidents regardless of how it happens Vicarious liability: The employer is responsible and will pay for any actions- intentional or unintentional- acts of an employee during his/her employment o Two public reasons for taking this approach o Employee is responsible for torts he commits while acting for himself or his employers o It seems fair that the person who makes profit is paying for any loss Intentional torts- when an activity is done on purpose, not by accident o Oldest intentional tort trespass- unlawful entering on someone’s grounds without permission Assault: The threat of violence Battery: the physical contact of violence Public nuisance: Actions that is interfering with public amenities e.g. blocking the toilet

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture