Chapter 4 - Intentional Torts

Question 1

tort

Answer 1

a social or civil wrong that gives rise to the right to sue and seek remedy

Question 2

what is it called when torts are committed

Answer 2

intentional or careless act harms another

Question 3

what is the purpose of tort law

Answer 3

to compensate victims

Question 4

Remedies

Answer 4

damages (monetary compensation)
general - pain and suffering
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 5

vicarious liability

Answer 5

liability without personal fault

Question 6

intentional tort

Answer 6

means that the conduct was intended or deliberate (wilful)

wrongdoer does not need to intend to do harm

Question 7

Assault

Answer 7

conduct that makes a person think they are about to be struck

Question 8

battery

Answer 8

when someone intentionally makes unwanted contact with another person

• threats
• intent to harm not required

Question 9

defences to assault and battery

Answer 9

1. consent - must be informed and voluntary
2. self defence - necessary and reasonable force

Question 10

trespass to land

Answer 10

being on anothers land without lawful right or the owners permission

no duty of care

Question 11

continuing trespass

Answer 11

permanent incursion onto the property of another

Question 12

trespass to chattels

Answer 12

plaintiff has possession that is interfered with physically by the defendant

Question 13

trespass to conversion

Answer 13

involves one person intentionally appropriating the goods of another person for their own purposes

• includes theft
• can be sued for conversion if buying goods from someone other than owner

Question 14

trespass to detinue

Answer 14

person is wrongfully retaining goods

may have come into possession of them legally but refuses to return them

calculation of damages essentially amounts to a forced sale of goods

Question 15

false imprisonment

Answer 15

the unlawful and intentional restraint of persons against their will

1. personal liberty is totally restrained
2. restraint is unlawful

Question 16

defence to false imprisonment

Answer 16

citizens arrest - section 494 of criminal code: restraint is justified if persons have done something for which they be arrested

Question 17

malicious prosecution

Answer 17

available to victims of improper use of criminal justice system

Question 18

conditions of malicious prosecution

Answer 18

1. defendant in the tort action must have initiated a criminal or quasi-criminal prosecution
2. accused acquitted or prosecution abandoned
3. prosecution motived by malice
4. no reasonable grounds to have originally proceeded with criminal action

Question 19

private nuisance

Answer 19

when a party uses property in such a way that it causes damage to property or interferes with a neighbours us or enjoyment of their property

neighbour does not need to be a direct neighbour

Question 20

when is private nuisance actionable

Answer 20

when property is being used in an unusual or unreasonable way

Question 21

need to establish interference

Answer 21

1. substantial
2. unreasonable

Question 22

defamation

Answer 22

a detrimental false statement about someone - must be published or broadcasted

Question 23

defamation steps

Answer 23

once the plaintiff establishes that a derogatory statement was made, he need not prove it was false, burden on defendant to show it is true

Question 24

slander

Answer 24

spoken defamation

Question 25

libel

Answer 25

usually written defamation all broadcast defamation constitutes libel

Question 26

defences to a defamation action

Answer 26

1. truth (defence of justification) 2. absolute privilege 3. qualified privilege 4. fair comment 5. public interest responsible journalism

Question 27

invasion of privacy

Answer 27

physical intrusion, surveillance, misuse of an image or name, or access to information