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 C. Categories of Liability

General Points 1. Tort = act that causes harm to a person or his/her/its property 2. Usually intentional or negligent 3. Code of Obligations outlines tort liability generally (other laws address specific types of tort damages-- e.g. Motor Vehicle Act)

Elements 1. Unlawful Act (or omission) by TF May be cured by defense: 1) Consent, 2) Self-defense, 3) Necessity, 4) Fulfillment of legal duty 2. Tortfeasor Negligence (R.P. standard) Proven by intentional or careless act Contributory Negligence – may be available as defense 3. Damages (actual losses, lost profits, pain and suffering, etc.) 4. Prox. Causation (logical relationship b/t act and damages)

Categories of Liability 1. Strict Liability – when negligence is irrelevant or can’t be proven 2. Vicarious Liability – liable for actions of another 3. Joint and Several Liability – multiple TFs act in concert, or cause single injury, or have vicarious liability

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