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    Tort Law

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    Sachin Patil
    This document discusses tort law and various types of insurance relevant to construction projects. It outlines the purposes of tort law as promoting safety, predictability of behavior, and allocating risk of loss or injury. The key elements of a negligence claim are also defined. The document also explains different types of professional liability, commercial general liability, automobile liability, builder's risk, and worker's compensation insurance policies and some of their core attributes.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Tort Law

    Uploaded by

    Sachin Patil
    31 views2 pages
    This document discusses tort law and various types of insurance relevant to construction projects. It outlines the purposes of tort law as promoting safety, predictability of behavior, and allocating risk of loss or injury. The key elements of a negligence claim are also defined. The document also explains different types of professional liability, commercial general liability, automobile liability, builder's risk, and worker's compensation insurance policies and some of their core attributes.

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    This document discusses tort law and various types of insurance relevant to construction projects. It outlines the purposes of tort law as promoting safety, predictability of behavior, and allocating risk of loss or injury. The key elements of a negligence claim are also defined. The document also explains different types of professional liability, commercial general liability, automobile liability, builder's risk, and worker's compensation insurance policies and some of their core attributes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views2 pages

    Tort Law

    Uploaded by

    Sachin Patil
    This document discusses tort law and various types of insurance relevant to construction projects. It outlines the purposes of tort law as promoting safety, predictability of behavior, and allocating risk of loss or injury. The key elements of a negligence claim are also defined. The document also explains different types of professional liability, commercial general liability, automobile liability, builder's risk, and worker's compensation insurance policies and some of their core attributes.

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    © All Rights Reserved
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    TORT LAW

    The contract/tort distinction (the economic loss rule)

    Purposes of tort law

    To promote safety

    To promote predictability of behavior

    To allocate the risk of loss or injury

    Elements of a claim for negligence


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    Existence of a standard of care (duty)

    Breach of the standard of care

    Causal link between the breach and specific consequences

    Injury to the claimant from the consequences of the breach

    Expert witnesses and proof of the standard of care

    Negligence per se

    Proximate causation and comparative negligence

    Elements of damages

    E.g., lost wages, cost of repair/replacement, pain & suffering

    Damages do not include betterment

    Contribution and indemnity


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    Indemnity via contract or via agency

    Contribution Among Joint Tortfeasors Act

    INSURANCE

    Professional liability (errors & omissions) insurance


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    Coverage limit

    Deductible

    Declining balance

    Retroactive date

    Premium

    Claims made policy and tail policies

    Practice policies versus project policies

    Reporting of claims

    Commercial general liability insurance


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    Minimal value for architects

    Primary insurance for contractors

    Being named as an additional insured party

    Automobile liability insurance

    Builders risk insurance

    CH2\8524338.1

    Covers work-in-place and materials stored on site

    No-fault property policy, not a liability policy

    May be purchased by general contractor or by owner

    Subrogation and its waiver

    Workers compensation insurance


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    Coverage for claims by ones own employees

    Strict liability, but exclusive remedy

    Certificates of insurance

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