Reference no: EM133798925

Question

We got diff type of liability in law. Key ones we ned to look at is the contract, tort and crime. Contract is voluntary. So two competent legal actors come together and agree to do something. Some kind of exchange of goods or service typically. It might be i exchange my services to university for a salary. Atypical contract and that contract only applies to the people who have entered into it. Like what we saw in shareholder agreement Tort - is involuntary. As i imposed something on someone else who hasnt asked me to do that. For eg i have given negligent advice. Classic case of donhgue v stevenson i produced ginger beer with a decomposing snail in it. And clearly no one asked for that, that is is involuntary and based on the concept of neighborhood. Could i forsee harm to that particular person if i failed to meet a particular standard. Crime - are traditionally intention. Think of the big crime reported on the news or paper. These are intentional crime. We have act that is wrongful and there is an intention to commit the wrongful act like murder. Classic one. Lot of crime dont need intention but some do. That is when it become problematic. The liability here is owed to the state. Certain wrongs as a social value judgment we decide should not be decided by individual amongst themselve but the state will step in and punish. Those are the dif categories of liability in law. What we need to do is work out how companies can be become liable in those diff area.