Search Authorized by Annulled Order: No Tortious Liability
Synthèse Legislator
Généré par l'IAA party who had obtained a preliminary judicial authorization to conduct a search of documents belonging to another party, which authorization was later annulled, could not successfully claim damages against the party whose documents were searched on the grounds that the search itself, which was executed in good faith under the annulled authorization, caused prejudice, as the initial judicial authorization, even if later revoked, provided a legal basis for the search, thereby precluding fault necessary for tortious liability.
Regeste Legislator
Généré par l'IASearch Authorized by Annulled Order: No Tortious Liability: A party who had obtained a preliminary judicial authorization to conduct a search of documents belonging to another party, which authorization was later annulled, could not successfully claim damages against the party whose documents were searched on the grounds that the search itself, which was executed in good faith under the annulled authorization, caused prejudice, as the initial judicial authorization, even if later revoked, provided a legal basis for the search, thereby precluding fault necessary for tortious liability.