COML203 WK8 L15 Torts Flashcards
What is a tort?
A tort is a wrongful act or an infringement of a right leading to a legal liability.
A tort is a civil wrong arising from common law.
The person who commits the wrongful act is legally liable to the party who suffers loss or injury caused by the fact.
What is the difference between tort and contract?
Obligation in tort is imposed by common law on the defendant, whereas contractual obligation is assumed by the parties.
What is the difference between tort and crime?
Tort is a wrong commited by one person against another person, whereas a crime is a wrong committed by a person against the state and is punishable by the state.
Therefore, the remedy for tort must be sought out by the injured person, not the state.
What is the purpose of torts?
To redress a wrong done to a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation.
Has the function of distributing risk, so the person who suffers the loss or injury does not have to suffer the consequences when the loss or injury was due to the wrongful act of another.
What is vicarious liability?
Vicarious liability is when one person is made to account for the loss or injury caused by another person’s conduct.
In the context of tort, vicarious liability is when one person is made to account for the loss or injury caused by another person’s tort.
This may occur in situations involving a employer and employee, principal and agent, or partnership relationships.
Most cases involve negligence on part of the employee.
What are the three conditions for vicarious liability in an employer employee context?
- There must be a relationship of employer and employee (that is, there must be a contract of service);
- The employee must have committed a tort for which he or she is personally liable for; and
- The tort must have been committed in the course of employment
What is the most common tort?
Tort of Negligence
