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Questions and Answers
Which function does the law of torts serve?
Which function does the law of torts serve?
What gives rise to a legal duty?
What gives rise to a legal duty?
What is the main difference between a contract and a tort?
What is the main difference between a contract and a tort?
What are Hohfeldian's Jural correlatives?
What are Hohfeldian's Jural correlatives?
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When there is a conflict of protected interests, what does the law of torts determine?
When there is a conflict of protected interests, what does the law of torts determine?
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Study Notes
Law of Torts: Function and Purpose
- The law of torts exists to compensate individuals for harm caused by the wrongful acts of others.
- This compensation can be in the form of monetary damages, aiming to restore the injured party to their previous position.
Legal Duty: Establishing Obligations
- A legal duty arises when the law imposes an obligation on an individual to act or refrain from acting in a certain way.
- This duty is not based on an agreement or contract.
- Examples of duties: driving safely, refraining from trespassing, avoiding negligent conduct.
Contracts vs. Torts
- Contracts are voluntary agreements where parties create their own obligations.
- Torts, in contrast, arise from unintentional or intentional wrongdoing by individuals.
- While contracts are based on mutual consent, torts are concerned with obligations imposed by law, independent of agreements.
Hohfeldian Jural Correlatives
- Jural correlatives are pairs of legal rights and obligations.
- These pairs are interdependent and mirror each other.
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Examples:
- Right to freedom of speech, Duty to refrain from interfering with that right
- Right to own property, Duty to respect that ownership
Conflict of Protected Interests
- When conflicting protected interests arise, the law of torts determines how to balance these competing rights.
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Examples:
- Right to free speech vs. right to reputation in Defamation cases
- Right to freedom of movement vs. right to privacy in Trespass cases
- The law aims to find a fair solution that protects both interests, often by setting limitations or requiring reasonable conduct from individuals.
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Test your knowledge of the general principles of the Law of Torts and its regulatory function in promoting reasonable behavior and protecting the rights and interests of individuals.
