LAW 122 Lecture Notes - Lecture 2: 18 Months, Self-Defense, Contract
Document Summary
I(cid:374) tort la(cid:449) there"s t(cid:449)o: battery- physical, assaults- not physical- threats. Strict liability: example (your dog hurts someone, you are liable for your animal, regardless if intentional. Intentional torts: false imprisonment jail the wrong person, handcuff the wrong person. Negligence torts: professional negligence- a do(cid:272)tor did surger(cid:455) (cid:449)he(cid:374) do(cid:374)"t k(cid:374)o(cid:449) ho(cid:449, because a reasonable professional would not do that, o(cid:272)(cid:272)upier"s lia(cid:271)ilit(cid:455, nuisance. Indemnify reimburse you (pay for you: enhance compensatory function. If the defendant has insurance, you are more likely to receive more pay: undermines deterrence function, less concern because youre not the one paying because insurance pays. Independent contractor someone who works themselves under contract: employer not liable, always asked if they are insured and ask for proof. Bazley v curry: both was held reliable, bazley is also held reliable becasuse, because would be able to pay more, and will insure that employers will take all steps to prevent it from.