Chapter 4

Question 1

What is a tort

Answer 1

A Tort is committed when one person causes injury to another, harming their person, property or reputation.

Question 2

The Nature of Torts

Answer 2

1. Intentional – compensates a plaintiff for something done to them with a level of intent
2. Negligence – the tortfeasor did not intend to cause harm but failed to act reasonably, thereby causing harm (Chapter 5)
3. Strict Liability – the tortfeasor didn’t intend to cause harm and wasn’t negligent, but legislation imposes immediate liability.

Question 3

Remedies

Answer 3

Tort Compensation: “make them whole” - purpose is to get the plaintiff as close as possible to their original, pre-injury position

Types of Compensation:
- General Damages: pain and suffering or for future lost wages (most common)
- Special: reimburse the litigant for expenses or costs incurred before the trial
- Punitive: not to compensate the victim but rather to punish the wrongdoer

Question 4

Vicarious Liability

Answer 4

Not a discrete tort - liability without personal fault

• Imposed on employers when they are held liable for torts committed by employees during the course of their employment

Question 5

Intentional Torts

Answer 5

Intentional: means that the conduct was intended or deliberate (wilful) as opposed to inadvertent

Question 6

Assault

Answer 6

An intent to cause a reasonable apprehension of immediate or offensive contact

Question 7

Battery

Answer 7

intentionally making unwanted contact with another person (Includes threats)

Question 8

Defences to Assault & Battery

Answer 8

Consent & Self defence

Question 9

Trespass to Land

Answer 9

Being on another’s land without lawful right or the
owner’s permission (Ignorance is not a defence) Occupier owes a no duty of care to trespassers unless they are a minor

Question 10

Wrongful Interference with Goods

Answer 10

Three kinds:

Trespass to chattels
Conversion
Detinue

Question 11

Trespass to chattels

Answer 11

Where the plaintiff has possession that is interfered with physically by the
defendant (Vandalism)

Question 12

Conversion

Answer 12

Involves one person intentionally appropriating the goods of another person for their own
purposes (Theft)

Question 13

Detinue

Answer 13

Where a person is wrongfully retaining goods (May have come into possession of them legally but refuses to return them)

Question 14

False Imprisonment

Answer 14

• The unlawful and intentional restraint of persons against their will (Defence is citizens arrest)

Question 15

Malicious Prosecution

Answer 15

• Available to victims of improper use of criminal justice system

Question 16

Private Nuisance

Answer 16

Private nuisance: when a party uses property in such a way that it causes damage to property or interferes with a neighbour’s use or enjoyment of their property (smell of house example)

Question 17

Defamation

Answer 17

Defamation: a detrimental false statement about someone; must be published or broadcast

Question 18

Pritchard v. Van Nes

Answer 18

Defendant made a number of false Facebook postings (including allegations of pedophilia)
about the Plaintiff, who is a high school teacher.
* Defendant’s Facebook friends added additional false postings and several people shared the
post.
* The Defendant removed the post about 27 hours later but it did not affect the shared copies.
* The post was sent to the principal of the school where the plaintiff taught and the plaintiff
sued for defamation. Obtained default judgement.
Held: Defendant was liable not only for her own defamatory statements, but also for the re-
publications. Awarded $50,000 in general damages and $15,000 in punitive damages.