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

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

3. 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)

4. 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)

5. 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

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