Chapter 4: Intentional Torts Flashcards
Intentional Torts
Involve intentional, rather than merely careless, conduct.
Examples of intentional torts:
- Assault.
- Battery.
- Invasion of privacy.
- False imprisonment.
- Trespass to land.
- Interference with chattels.
For an intentional tort, does the plaintiff have to prove that the defendant intended to either cause harm or commit a tort?
No.
Assault
Occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent.
Is the tort of assault based on physical contact?
No.
Someone punches you from behind and you did not know it was coming. Did you commit the tort of assault?
No.
Does a gun have to be loaded for you to be charged with the tort of assault?
No.
What is the 4 criteria for assault?
- Not based on physical contact. Threat of contact.
- Reasonable belief.
- Imminent.
- Threat of offensive contact.
Battery
Consist of offensive bodily contact.
Say a bullet shoots through your clothes. Is the shooter responsible for the tort of battery?
Yes.
Is all bodily contact offensive in the sense that it is battery?
No, normal interactions such as shaking hands or brushing past someone is not offensive. However, a doctor performing life-saving surgery against a patient’s wishes can be charged with battery.
Is there a general tort of invasion of privacy?
No.
A photographer who sneaks onto someone’s property to obtain candid pictures commits the tort of…
Trespass to land.
Employees who publish embarrassing details about their employer’s private life may be liable for…
Breach of confidence.
Supermodel Naomi Campbell was able to sue a newspaper that published a photograph of her coming our of a Narcotics Anonymous meeting under…
Abuse of private information.
A company that makes unauthorized use of a celebrity’s image to sell its own products may commit the tort of…
Misappropriation of personality.
A newspaper that ignores a judge’s instructions and publishes the name of a police officer who has been sexually assaulted during an undercover investigation may commit the tort of…
Negligence.
False Imprisonment
Occurs when a person is confined within a fixed area without justification.
Is physical force necessary for false imprisonment?
No, can be psychological. If a security guard tells you to go in the back room and you feel you have no choice, that is false imprisonment.
Malicious Prosecution
Occurs when the defendant improperly causes the plaintiff to be prosecuted.
What is the criteria for malicious prosecution?
- The defendant started the proceedings.
- Out of malice, or for some improper purpose.
- Without honestly believing in reasonable grounds that a crime has been committed.
- The plaintiff was eventually acquitted of the alleged crime.
What is a complete defence to all intentional torts?
Consent.
A police officer may arrest anyone who is reasonably suspected of…
1) Being in the act of committing a crime.
2) having committed a serious crime in the past.
A private citizen is entitled to make an arrest only if a crime is…
Actually being committed by the suspect.
Trespass to Land
Occurs when the defendant improperly interferes with the plaintiff’s land.
Is it enough that you intend to do the act, even if you did not intend to do wrong or cause damage?
Yes.
Does a person own air above or land below their land?
Yes, as much as is reasonable.
Trespass to land is sometimes described as the “___ ___” theory of ownership.
Giant Carrot.
Can you sue an airline company for flying a jet over your property?
No, it is not reasonable.
Chattels
Moveable forms of property.
Trespass to Chattels
Occurs when the defendant interferes with chattels in the plaintiff’s possession.
Conversion
Occurs when the defendant interferes with the plaintiff’s chattels in a way that is serious enough to justify a forced sale.
What is the general remedy to trespass to chattels?
Compensatory damages.
Who keeps the property in conversion?
The defendant.
Trespass or conversion, which is used in more serious matters?
Conversion.
Are innocent purchasers of goods and money treated the same?
No, only the innocent purchaser of goods can be charged under interference with chattels.
Detinue
Occurs when the defendant fails to return a chattel that the plaintiff is entitled to possess.
How does detinue affect the remedies available to the plaintiff?
- The return of the property limits the plaintiff to compensation for losses that they suffered during the detention, as well as for any harm done to the item.
- If the property has not been returned by the time of trial, the plaintiff can ask the court to compel the defendant to do so.
Recaption
Allows a person to take their own property back.
Is it a partial defence to plead that you made a mistake?
No.
Intentional torts require that you not only be careful, but also ___.
Correct.
Complete Defence
Protects the tortfeasor from all liability.
What is the most common type of defence?
Complete defence.
What are the four complete defences discussed in the textbook?
- Consent.
- Legal authority.
- Self-defence.
- Necessity.
Consent
Exists if a person voluntarily agrees to experience an interference with their body, land, or goods.
What is the most important defence for intentional torts?
Consent.
Consent can be ___ or ___.
Express, implied.
Consent is effective only if…
It is free and informed.
Can you “take back” consent?
Yes, in most cases, consent is revocable.
Legal Authority
Provides a person with a lawful right to act in a certain way.
Self-Defence
Consists of the right to protect oneself from violence and the threat of violence.
Self-defence is usually tied to the torts of…
Assault and battery.
What is the balance that has to be maintained in self-defence?
Respecting the natural reaction to fight back and the danger of giving people an excuse to cause harm.
Can you defend against something with more force than necessary and use the defence of self-defence?
Yes.
Can you use the defence of self-defence if you defend for someone else?
Yes, it is called defence of a third party.
When can defence of a third party be used?
When a parent protects a child.
Defence of Necessity
Applies if the defendant’s actions were justified by an emergency.
When can the defence of necessity be used?
- A physician provides urgent medical care for an unconscious patient.
- A person tore down a neighbour’s house to prevent the disastrous spread of a fire.
The defence of necessity is unusual in that it allows for…
The defendant to be both justified and liable.
Partial Defence
Allows a court to reduce damages on the basis of the plaintiff’s own responsibility for a loss or an injury.
What are two cases of partial defence explored in the textbook?
- Provocation.
- Contributory negligence.
Provocation
Consists of words or actions hat would cause a reasonable person to lose self-control.
Contributory Negligence
Occurs when the plaintiff is partially responsible for the injury that the defendant tortiously caused.
Apportioning Responsibility
Splitting up responsibility between the parties.
