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 property 2. Intent: may be 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. Act (or omission) by “Tortfeasor” - Act may be: Intentional or Careless (R.P. standard) - Defenses for intentional act: 1) Consent, 2) Necessity 3) Self-defense, 4) Fulfilling legal duty - Defense for negligent act: Contributory Negligence 2. Damages (actual losses, lost profits, medical, pain/suffering, etc.) 3. 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 & 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