Introduction to Torts

Chapter 3 Objectives:

Define Tort:
o Generally consists of a failure to fulfill a private obligation
that was imposed by law

Similarities and diff between torts and crimes

o Tort = break a private obligation (example of defamatory
statements)
Private law
Defendant owes an obligation to the plaintif
Compensatory damages
o Crime = break a public obligation (example of theft)
Public law
Accused owes an obligation to society
Punishment such as fine or imprisonment

Similarities and diff between torts and contracts

o Both involve primary and secondary obligations
Primary tell you how to act
Tort -> do not touch someone in an ofensive
way
Contract -> keep your promises
Secondary are remedial (how you must act after)
Both -> pay the plaintif for damages
o Torts look backward, contract look forward
o Torts are more likely to take a person by surprise
o Torts are enforceable regardless of any agreement between
the parties
o Contracts are only enforceable by or against a party to the
contract
o Torts place the plaintif as if the tort had not occurred - for
compensatory damages
o Contract place the plaintif as if the contract had been
performed - for compensatory damages

Distinguish between intentional torts, negligence torts,

and strict liability torts
o Intentional Torts:
Assault, battery, false imprisonment, trespass,
conspiracy, etc.
Occurs when a person acts intentionally

o Negligence Torts:
 Introduction to Torts

Nuisance, negligence, product liability, etc.

Occur when a person acts carelessly

o Strict Liability Torts:

Animals
Occur when a person does something wrong without
intending to do so and without acting carelessly
It is enough that the defendant was responsible for
the situation

Explain the circumstances in which tort law will adopt a

rule of strict liability
o Cowles V Balac African lion safari incident
o A farmers animals break out of their enclosure and destroy
a neighbours property

Describe the nature of liability insurance and explain why

it is important to business people
o A contract in which an insurance company agree to pay
damages on behalf of a person who incurs liability
o Includes a duty to defend where the company is required
to pay the expenses that are associated with lawsuits
brought against the insure party
o Includes compensatory function which aims to full
compensate people who are wrongfully injured
o Includes deterrence function which discourages people
from committing torts by threatening to hold them liable
for the losses that they cause

Describe the concept of vicarious liability and explain

how it affects business people
o Occurs when one person is held liable for a tort that was
committed by another person
o Example of a car accident, the owner of the car is liable
rather than the person who crashed
o Serves tort laws compensatory function by allowing the
plaintif to claim damages from both an employee and
employer
o Also serves the deterrence function by encouraging
employers to avoid unusually hazardous activities and to
hire the best people available.
o It may be appropriate to require a business to bear
responsibility for the losses that its activities create
 Introduction to Torts

Use the concept of risk management to explain how the

difference between employees and independent
contractors is important to the doctrine of vicarious
liability
o Employee is defined as four things, a person is an
employee if:
1. The employer generally controls what is done, how it
is done, where it is done and when it is done
2. The worker uses the employers equipment and
premises
3. The worker is paid a regular wage or salary rather
than a lump sum at the end of each project
4. The worker is integrated into the employers
business and does not own their own business
o An independent contractor is a worker who is not as closely
connected to the employers business as an employee
o Vicarious liability does not relieve the employee of
responsibility

Outline the types of remedies that are generally available

in tort law
o Compensatory Damages:
Arise in either tort or contract
Defendant is required to pay for the losses incurred
or that would have been incurred
o Punitive Damages:
Intended to punish the defendant
o Nominal Damages:
Symbolically recognize that the defendant committed
a tort even thought the plaintif did not sufer any
loss
o Injunctions:
A court order that requires the defendant to do
something or refrain from doing something

Describe two important types of alternative

compensation schemes and explain why they have been
created
o Workers Compensation:
Involve a series of tradeofs
Workers generally lose the right to sue in tort for
workplace injuries, but in exchange gain the right to
compensation from a fund without having to prove
that anyone was at fault for their injuries
o No-Fault Insurance:
 Introduction to Torts

Example of an accident where neither driver was at

fault
o Overall a major disadvantage is that they provide
compensation more often, but also provide less of it

Bazley V Currie:
Charity that hired the pedophile