LAW 122 Chapter Notes - Chapter 3: False Imprisonment, Damages, Punitive Damages
9 Jul 2018
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In tort law, there is no need to create special relationships between people: compensation is calculated differently in each. If i breach the primary obligation of tort, then i have secondary obligation to put p back into position that they enjoyed from before the breach. If i breach primary obligation of contract, then i have secondary obligation to put. Interference with chattels: assault, battery, false imprisonment, trespass to land, conspiracy. D"s tort: p responsible only for taking reasonable steps to mitigate a loss, p is not required to mitigate. However, p will be denied compensation for losses that they could have reasonably avoided: damages are denied only to the extent that p unreasonably failed to mitigate, p can recover costs associated with mitigation, punitive damages. If d has done something particularly outrageous/reprehensible, court may impose both compensatory and punitive damages: available only in exceptional circumstances.
