LAW 122 Lecture Notes - Lecture 3: Qualified Privilege, Detinue, Malicious Prosecution
Document Summary
Judge may award any appropriate remedy, including a declaration, injunction, striking down legislation, severance, reading down, or reading in, and damages. Plaintiff: a person who brings a case against another in a court of law. Strict liability torts for extraordinarily dangerous activity: a tort occurs when the defendant is responsible for an especially dangerous activity that caused harm, transportation of dangerous products, keeping of dangerous animals. Employer risk in tort law: legal issue: vicarious liability, test: Defenses to tort: the tortfeasor is protected from all liability, partial defense, the plaintiff is responsible for some of his own loss. Injunction: preventing ongoing trespass, requirement to remove trespassing structure, removal of trespassers, arrest of trespassers, use of reasonable force in arrest, conversion, definition. Innocent purchaser of stolen goods may be liable for conversion. Includes actions not harmful (e. g. unwanted life-saving blood transfusion: risk management, to avoid vicarious liability, employers should train employed security personnel to use reasonable force.