Chaprer Four-Intentional Torts

Question 1

What is a tort?

Answer 1

A tort is committed when one person causes injury to another, harming his person, property, or reputation

Question 2

Why can’t a tort be confused with a breach of contract?

Answer 2

A breach of contract may be inherently wrong, but the contractual terms make it unacceptable not the actual breach

Question 3

Limit SCC has on damages

Answer 3

$325 000

Question 4

Vicarious liability

Answer 4

When an employer is automatically responsible for a tortuous act an employee committed in the scope of their employment

Question 5

What is an intentional tort?

Answer 5

When the wrongdoer possibly did not intend to do harm but the conduct itself was willful

Question 6

Battery

Answer 6

Actual conduct when someone intentionally makes unwanted physical contact

Question 7

Assault

Answer 7

Fear of contact (ie. points a gun)

Question 8

Test for trespass of person

Answer 8

If the defendants conduct would cause a reasonable person to feel threatened with imminent harm

Question 9

Defences to trespass of person

Answer 9

Consent and self-defence

Question 10

Forms of trespass

Answer 10

• going onto someone’s property without no lawful right or permission
• trespassers are responsible for damages
• trespass can be an encroaching building (continuing trespass)
• throwing items (indirect trespass)

Question 11

Defences to trespass of land

Answer 11

• consent
• intruder had no control of where they were
• person acting in official capacity

Question 12

Trespass to chattels

Answer 12

Direct intentional interference causing damage to goods of another, when plaintiffs right of possession or possession is interfered with

Question 13

Conversion

Answer 13

A person intentionally appropriating the goods of another person for their own purpose, theft

Question 14

Detinue

Answer 14

Wrongful possession of someone else’s goods, where person is wrongfully retaining goods
(Calculation of damages is based on a forced sale)

Question 15

Citizen’s arrest

Answer 15

A citizen can arrest anyone whom they find committing an indictable offence or have reasonable grounds or are owner of property

Question 16

Private nuisance

Answer 16

When a person uses property in such a way it interferes with a neighbours use or enjoyment, consequences must be reasonable foreseeable to defendant

Question 17

Defamation

Answer 17

Must be false and published and refer to plaintiff

Question 18

Libel

Answer 18

Written defamation

Question 19

Slander

Answer 19

Spoken defamation

Question 20

Defences to defamation

Answer 20

• truth
• absolute privilege (ie. government)
• qualified privilege (ie. employer making comment about employee)
• fair comment: the plaintiff invited criticism and are aware opinions might not be complimentary

Question 21

Inducing breach of contract

Answer 21

Usually when an employer persuaded an employee of another business to leave that employment

Question 22

Unlawful interference

Answer 22

Conduct must have been intended to cause harm and harm must have been resulted

Question 23

Intimidation

Answer 23

If a threat forces a party into doing something that harms it-it is intimidation

Question 24

Deceit

Answer 24

Fraudulent, intentional, misleading of another person causing damage

Question 25

Conspiracy to injure

Answer 25

Takes place where two or more people act together using unlawful means to injure the business interactions of another

Question 26

Passing off

Answer 26

When s business or product are presented to the public in a way that leads the public to think the product is being provided by another business

Question 27

Missuss of private info

Answer 27

Can be business plans, customer lists, future plans and trade secrets

Question 28

Privacy

Answer 28

Some provinces made privacy a tort, federal privacy act gives people the right to access their personal info and limit how it is distributed to others