BU231 Lecture Notes - Lecture 2: Punitive Damages, Legal Risk, Malicious Prosecution
Document Summary
False imprisonment: involves unlawfully restraining or confining another person. If he did not have an honest belief though that a crime had been committed he"d be guilty of malicious prosecution. Defamation: only defamation if other people hear it, consists of a statement that causes unjustified injury to the private, professional or business reputation of another person. Defence against these charges is that the alleged defamatory statements are true. Designed to promote candid discussion without fear. The purpose of damages is to restore the plaintiff to the position they would have been in had the tort not been committed. Objective is not to punish the wrongdoer, though punitive damages can be awarded in brutal physical attack. Special damages refer to those items that can be quantified. Legal risk involved in contract and property law should be predictable and appropriate steps should be taken in advance to reduce or manage those risks.
