LAW OF OBLIGATIONS Sources of Obligations: A. Contract – last week

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Presentation transcript:

LAW OF OBLIGATIONS Sources of Obligations: A. Contract – last week B. Tort – this week C. Unjust Enrichment – this week

SOURCE OF OBLIGATIONS: Tort A. General Points B. Elements of a Tort Claim C. Categories of Liability

General Points 1. Tort: Act that causes harm to a person or his/her property 2. Intent: May be intentional or negligent 3. Turkish Code of Obligations outlines tort liability generally *Other laws address specific kinds of tort damage - e.g., Motor Vehicle Act

Elements 1. Act (or omission) by “Tortfeasor” A. Act may be: 1) Intentional or 2) Negligent (use “reasonable person” test) B. Defenses (INTENTIONAL): 1) Consent 2) Necessity 3) Self-Defense 4) Fulfilling a Legal Duty C. Defense (NEGLIGENCE): Contributory Negligence

2. Damages (many kinds) 3. Proximate Cause A. Actual Monetary Loss B. Lost Profits C. Medical Expenses D. Pain & Suffering 3. Proximate Cause A. Logical relationship b/t act and damages? B. Any other explanation for damages?

Categories of Liability 1. Strict Liability – When negligence is irrelevant, or can’t be proved 2. Vicarious Liability – Liable for the acts of another person 3. Joint & Several Liability – Multiple TFs act in concert, or cause a single injury, or have vicarious liability

SOURCE OF OBLIG: Unjust Enrich A. Getting a benefit by mistake or chance B. Court will impose a “quasi-contract” C. Obligation to make restitution