ch3

Question 1

tort

Answer 1

private wrong - breach of obligation to a person

• lawsuit
• compensatory damages

Question 2

crime

Answer 2

public wrong
- breach of obligation to society
prosecution by crown
punishment

Question 3

tort and crime overlap

Answer 3

same event may be both tort and crime

Question 4

primary duty and secondary duty - tort law

Answer 4

do not harm another compensatory damage

Question 5

primary and secondary duty - contract

Answer 5

fulfill promise

compensaotry damage

Question 6

compensation tort law

Answer 6

backward looking - place plf as if tort never occured

Question 7

compensation contract law

Answer 7

forward looking

places plf as promise fulfilled

Question 8

risk management - tort law

Answer 8

imposed obligations tougher to manage

Question 9

risk management - tort law

Answer 9

voluntary obligations eacier to manager

Question 10

intentional tort

Answer 10

deliberate act or harm

Question 11

negligence tort

Answer 11

liability for carless behaviour

Question 12

strict liability tort

Answer 12

liability for action or products regardless if act was delberate or careless

Question 13

liability insurance contract

Answer 13

insured pays price for protection
duty to defend claims against insured
duty to reimburse insured for loss if insured liable

Question 14

effects of liabilty insurance

Answer 14

enhances compensatory function, undermines deterrence function

Question 15

vicarious liability

Answer 15

liable for another persons tort

Question 16

justifictions for vicarious liability

Answer 16

enhances compensatory functions and deterrence function

Question 17

vicarious liability - employment requirement

Answer 17

wrongful act within scope of employment - employee acting in the course of employment or “frolic of his own”
wrongful act committed by an employee - distinction between employee and indept contractor

Question 18

effects of vicarious liability

Answer 18

victim can sue employee and employer

employee generally liable to employer

Question 19

remedies for vicarious liability

Answer 19

compensatory damages

• backward looking
• remoteness
• mitigation
• punitive, nomial, injuction

Question 20

alternative comp schemes

Answer 20

comp based on injury rather than wrong/fault

Question 21

Tort law - advantage v dis

Answer 21

full comp, deterrence vs comp limited only to losses that wrongfully occurred , expensive and time consuming

Question 22

alternative comp schemes - adv vs dis

Answer 22

comp available w/o proof, quicker and less expensive vs less than full comp, more breadth but less depth, no deterrence