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law > m3 > Flashcards

m3 Flashcards

1
Q

intentional tort

A

intention to commit act (deliberate)

- no need to prove intention to commit tort/cause harm

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2
Q

interference w person

A
  • protection of personal interests: physical well being, liberty, dignity
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3
Q

forms of interference with the person

A 
assault + battery
invasion of privacy
false imprisonment 
malicious prosection
defamation
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4
Q

tort of assault

A

discourage threats and maintain peace

  • intentionally create reasonable belief of imminent and offensive bodily contact
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5
Q

elements of tort of assault

A
  • reasonable BELIEF of imminent bodily contact -> actual bodily contact irrelevant
  • RESAONABLE belief of bodily contact -> even if defendant lacked ability
  • resonable belied of IMMINENT bodily contact –> distant threat sufficient
  • reasonable belief of OFFENSIVE bodily contact
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6
Q

tort of battery

A

discourage violence and maintain peace

- to intentionally create offensive bodily contact

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7
Q

elements of tort of battery

A
  • bodily contact (sufficient if clothing or object)

- contact considered offensive

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8
Q

assault v battery

A

A: threat of contact WITHOUT actual contact
B: actual contact wo warning

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9
Q

tort of invasion of privacy

A

private interests - protection of right to privacy

societal interests - protection of freedom of expression, open and free flow of info, safety and security

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10
Q

standard of care (tort of invasion of privacy)

A

reasonable expectation of privacy in the circumstances

- exception: consent, police

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11
Q

tort of false imprisonment

A

unjustified confinement within fixed area

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12
Q

elements of tort of false imprisonment

A
  • confinement (physical detention)
    confinement within fixed area
    -complete confinement (no easy escape)
    -unjustified confinement(no consent)
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13
Q

powers of arrest and detention

A

false imprisonment = unjustified detention

  • police officers: reasonable belief in commission of crime - not liable
  • private citizens: actual commission of crime - liable
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14
Q

tort of malicious prosecution

A

malicious prosecution = unjustified prosecution

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15
Q

elements of malicious prosecution

A
  • prosec initiated by def
  • outcome of prosec in favour of plf
  • no reasonable and probable grounds for prosec
  • prosec motivated by malice/primary purpose of prosec not for enforcing the law
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16
Q

tort of trespass to land

A

intentional interference with land (immovables)

exceptions: consent/ legal auth

17
Q

remedies to tort of trespass to land

A
  • damages: compensatory, nominal, punitive

- injunction: prevent ongoing trespass, remove trespassing structure

18
Q

risk management -interference with chattels

A

liable for intentional torts

19
Q

forms of interference with chattels

A

tort of; trespass to chattels, conversion, detinue

20
Q

tort of trespass to chattels

A

interference with plf personal property

21
Q

remdy to tort of trespass to chattels

A

compensatory damages - repair of damaged chattel

22
Q

tort of conversion

A

serious interference with chattels to justify forced sale

- theft/destruction

23
Q

factors of tort of conversion

A
  • amount of control exercised by def
  • extent def denied the plf rights
  • duration of interference
  • expense and inconvenience to plf
24
Q

remedy tort of conversion

A

compensatory damages

  • def must buy chattel from plf
  • -> price = market value at time of tort
25
Q

tort of detinue

A

detention of chattel after demand for return

-def must be in possession /control of chattel

26
Q

remedy of tort of detinue

A

usually comp damages

- occasionally return of chattel to plf

27
Q

defences to intentional torts

A

complete def: consent, legal auth, self def, necessity

partial: provcation, contributory negligence

law (5 decks)

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