Torts

Question 1

Strict Liability Tort

Answer 1

The intent does not matter, the tortfeasor (the defendant) will be liable if the wrongful act occurs, regardless if they are at fault

Question 2

Strict Liability Tort Example

Answer 2

Parking ticket, dog owners (held liable no matter what)

Question 3

Public Nuisance

Answer 3

Interference with the lawful use of public lands; often quasi-criminal in nature

Question 4

Public Nuisance Example

Answer 4

blasting music in your backyard and neighbours cannot enjoy their own land (space)

Question 5

Private Nuisance

Answer 5

Interference with an occupier’s use and enjoyment of their own land

Question 6

Private Nuisance Example

Answer 6

keeping dangerous things on your land (animals), harmful toxins seeping into the ground

Question 7

Intentional Tort

Answer 7

1. Assault
2. Battery
3. Trespassing
4. Intentional Infliction of Mental Distress
5. False Imprisonment
6. Malicious Prosecution
7. Defamation

Question 8

Assault

Answer 8

(1) Intentionally
(2) Uttering a threat
(3) That is likley to cause a reasonable apprehension of imminent physical harm
(4) Against a person or an identifiable group

Question 9

Battery

Answer 9

(1) Intentionally
(2) Applying unlawful force
(3) Without consent

Question 10

Trespassing

Answer 10

(1) Intentionally
(2) Entering Property
(3) Without consent

Question 11

Intentional Infliction of Mental Distress

Answer 11

(1) The defendent’s conduct was flagrant and outrageous
(2) The defendant’s conduct was calculated to harm the Plantiff
(3) The defendant’s conduct caused the Plantiff to suffer a visbale and provable illness

Question 12

Intentional Infliction of Mental Distress Example

Answer 12

Reporter who filmed dead bodies on TV – causes distress to the family

Question 13

False Imprisonment

Answer 13

(1) Intentional
(2) Total confinement of a person against their will (no way out)
(3) Without lawful justification

Question 14

False Imprisonment Example

Answer 14

Holding accused peolple in a room

Question 15

Malicious Prosecution

Answer 15

(1) The proceeding must have been initiated by the defendant
(2) Terminated in favour of the Plaintiff
(3) Undertaken without reasonable and probable cause to commence or continue the prosecution
(4) Motivated by malice or a primary purpose other than that of carrying the law into effect
(reporting to the police when there is no good reason to believe that the person committed a crime)

Question 16

Defamation

Answer 16

(1) The material is defamatory, in that it lowers the plaintiff’s reputation in the eye of a reasonable person
(2) The material must refer to the plaintiff
(3) The material must be communicated or published to at least one other person
(making untrue statements that cause injury to the reputation of another)

Question 17

Defences to Intentional Torts

Answer 17

1. Consent
2. Self-Defence
3. Necessity
4. Incapacity
5. Involuntariness

Question 18

Consent

Answer 18

• Where the injured party consented to the act, there is no tort, consent must be informed
  Ex – doctor telling you all the risks
  Consent can be situational – doesn’t always need to be oral
  Ex – playing hockey it is implied that you consent to the action in the game, to a reasonable amount

Question 19

Self-defence

Answer 19

• The party asserting the defence needs to show that self defence was necessary
• No excessive force was used (the force used to deter the harm must be commensurated with the harm being recived)
• Can also assert self-defence on behalf of someone else being harmed

Question 20

Necessity

Answer 20

Where there was no other option but to commit the tort
Ex – knocking down a building to prevent a fire from spreading, tresspassing on property is there was no other way to cross

Question 21

Incapacity

Answer 21

All intentional torts require the mental capacity to form intent

Question 22

Involuntariness

Answer 22

All torts must be voluntary