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JURD7161 - Torts
1 Found helpful • 73 Pages • Complete Study Notes • Year: Pre-2021
TORTS The law of torts determines whether a loss that befalls one person should or should not be shifted to another person. No liability strict liability fault liability We must ask ourselves: does the law adequately serve the needs of the community in the 21c? Thus we must view the law of torts in its social context A’s knowledge that B is insured removes the risk of B’s inability to pay and encourages litigation in the areas where liability insurance is common – thus A will not be deterred from suing; however A will be up against an experienced insurer, unequal bargaining power 3rd party insurance: the insurer promises to indemnify the insured against liability to pay money to persons who are not party to the contract of insurance 1st party insurance: insurer promises to pay if a particular loss occurs
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