LAW 122 Lecture Notes - Detinue, False Imprisonment, Malicious Prosecution
6 Oct 2013
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Document Summary
If someone wants money they have to sue (tort) May enhance deterrence function fairness: business bears cost of operation. Victim can sue employee and employer: employee directly liable for own tort, employer vicariously liable for employees tort. Nominal damages (symbolic charge) injunction (court order to stop) Backward-looking: plaintiff monetarily places as if tort never occurred. Remoteness: no liability if loss reasonably unforeseeable by defendant. No liability if loss reasonably avoidable by plaintiff] Responsibility by plaintiff to take reasonable steps to mitigate. Example, getting hit by bat and not going to hospital for 2 weeks. Rylands built a reservoir which burst and flooded into fletcher"s land ruining his mine. Plaintiff must prove: defendant"s non-natural use of land, escape from defendant"s land, loss or injury to plaintiff. Strict liability: special danger justifies special duty, liability even if all reasonable care. Unavoidable act of god or third party. Statutory authority: if loss was inevitable result of statutory act.
