Chapter 4 - Intentional Torts Flashcards
What is an intentional tort?
Occurs when someone acts a certain way intentionally
What is Tort Law’s specific definition of “intention”?
The plaintiff must prove that the defendant intended to perform the physical act.
What are some common forms of intentional torts?
Assault, battery, invasion of privacy, false imprisonment, trespass to land, and interference with chattels
What is the tort of assault?
Occurs when the defendant intentionally causes the plaintiff to REASONABLY BELIEVE that offensive bodily contact is imminent
What is an example of the tory of assault
Commit an assault by swinging your fist at me, even if you do not actually make contact. But if you punch me from behind, you do not commit the tort of assault if I did not know that the blow was coming (although you do commit the tort of battery)
What is a condition for the tort of assault?
Reasonable belief that bodily contact could occur
What is a condition for the tort of assault?
Believed that bodily contact was imminent, threat is immediate
What is a condition for the tort of assault?
Contact is offensive
What is the tort of battery?
Commit an act of unwanted contact, does not require that the defendant intended the specific harm that resulted from the unwanted contact
What is the definition of contact in relation to the tort of battery?
It is enough if the defendant causes something, such as a knife or a bullet, to touch the plaintiff. It is enough if the defendant makes contact with the plaintiff’s clothing or with something that the plaintiff is holding
What is the definition of social interaction in relation to the tort of battery?
Contact may be offensive even if it is not harmful, meaning you will commit a battery you kiss me despite my objections. You can even commit a tort if your actions are highly beneficial (as when a physician performs a life-saving blood transfusion against a patients wishes)
What is the exception to the tort of battery?
Use of reasonable force, such as when defending oneself
How is privacy indirectly protected?
Trespass to Land, Breach of Confidence, Intentional infliction of Mental distress, Abuse of private information, misappropriation of personality, negligence
Does there exist a tort of invasion of privacy?
No, not officially because it is difficult to find a balance between the right to privy and freedom of expression
What is the crime of “voyeurism”
Committed by secret observing or recording a person “ in circumstances that give rise to a reasonable expectation of privacy”
What are statuary causes of action to protect privacy interests?
Impose liability if a person “wilfully” violates another’s privacy by doing something they know to be wrong
What are the four types of privacy torts listed by Sharpe JA? p.86
Intrusion into the plaintiff’s seclusion or private affairs. Public disclosure of embarrassing information. Publicity that places the plaintiff in a bad light. Unauthorized use of the plaintiff’s likeness or image
What is the tort of False imprisonment?
Occurs when a person is confined within a fixed area without jurisdiction
What is the definition of confinement in relation to the tort of False imprisonment?
The confinement must be practically complete, not committed if they only obstruct one path while leaving another reasonable path open or if the plaintiff can easily escape
How is psychology associated with the tort of false imprisonment?
Can be either physical imprisonment or psychological
What is the tort of malicious prosecution?
The defendant improperly causes the plaintiff to be prosecuted
What is a complete defence to all intentional torts?
Consent, the defendant will not be held liable if the plaintiff for example agreed to be confined
What would occur if a person refuses to pay for their meal?
A restaurant is entitled to take down the patron’s name and sue for breach of contract, it may be liable for false imprisonment if it tries to detain the customer
True or false: A business can be authorized to make an arrest?
True, it can be but it must not use more force than is necessary
What is the tort of trespass to land?
Intentional interference with land
Can a trespass of land tort occur if you kick a ball into someone else backyard?
Yes, it is enough if I intended to go get it, even if I did not intend to do wrong or cause damage
What does a person have the right to? (trespass of land tort)
Has the right to the particular piece of property, as well as the air above it and the ground beneath it (reasonably)
When is the tort of trespass invalid?
When a person has the legal authority to be on a property, such as police officers when a search warrant is issued
True or false: A trespass occurs when a salesperson rings a homeowners doorbell?
False, it is assumed that the business/property owner consented to the intrusion; it implicitly invited the person onto the property. Unless it clearly is prohibited
True or false: A business can prohibit a customer from entering its business?
True, if the business has revoked its consent, it can do this as long as it does not violate human rights legislation
Can a business arrest a trespasser?
Most jurisdictions have legislation that allows an occupier to arrest a trespasser who requires a request to leave the premises
What is the usual remedy for a trespass to land?
compensatory, punitive and nominal, injunction, removal of trespassers
What occurs when a defendant’s wrong is ongoing?
A court may impose an injunction to stop the trespass
What is the protected interest in the tort of assault?
Freedom from fear of offensive bodily contact
What is the protected interest in the tort of battery?
Freedom from offensive bodily contact
What is the protected interest in the tort of false imprisonment?
Freedom of movement
What is the protected interest in the tort of malicious prosecution?
Freedom from improper prosecution
What is the protected interest in the tort of trespass to land?
Right to exclude trespassers from land
What are chattels?
Moveable forms of property
What is the tort of trespass to chattels?
defendant’s interference with plaintiff’s chattels, general remedy is compensation for loss
What is the tort of conversion?
Defendant’s interference with plaintiff’s chattels - serious enough to justify forced sale, general remedy is forced sale of chattel from plaintiff to defendant
What is the tory of detinue?
defendants failure to return chattels to plaintiff, general remedy is compensation for loss or return of chattels
How is the element of interference satisfied?
If the defendant damages, destroys, takes, or uses the plaintiff’s goods. There may even by a trespass if the defendant merely touches the plaintiff’s property
When is the tort of conversion true?
When a defendant takes, detains, uses, buys, sells, damages, or destroys the plaintiff’s property
What is the normal remedy for a tort of conversion?
Impose a sale on the parties. The defendant must pay the chattel’s market value to the plaintiff; the rights to the chattel are transferred from the plaintiff to the defendant
Test for seriousness in Conversion
Degree of ownership or control exercised by defendant over chattel. Degree of defendant’s intention to assert right inconsistent with plaintiff’s right to chattel. The duration of the defendants interference. The expense and inconvenience caused to the plaintiff
True or false: Conversion can only be used for serious matters?
True, the tort of trespass to goods can be used in less serious matters pg.95
What is required for the tort of conversion?
It is enough, that you intended to exercise control over a particular piece of property, even if you thought you were entitled or did not intend to do anything wrong
What is the exception to the tort of conversion?
Although an innocent purchaser of goods may be held liable, an innocent purchaser of money cannot be held liable
What is judicial restoration in relation to the tort of detinue?
The court can give the defendant the option of either giving the property back or paying damages
What is the right of recaption?
Allows a person to take their own property back. Only entitled to use reasonable force while recovering the property
How can damages for battery be reduced?
If the victim provoked the attack
True or false: it is a defence to plead mistake?
False
What is a complete defence?
Tortfeasor released from all liability
What are the four defences?
Consent, legal authority, self-defence and necessity
What is consent?
Plaintiff voluntarily agrees to interference with their body, land, or goods
True or false: Consent may be expressed or implied?
True
When is consent effective?
Only if it is free and informed
True or false: consent can be revocable?
True
What invalidates consent?
threat, trickery, youth and mental illness, and failing to provide full knowledge
What is legal authority?
Provides a person with a lawful right to act in a certain way
What is self-defence?
right to protect oneself from violence and the threat of violence, only if the person was at immediate risk
What is considered when defining if the self-defence was reasonable?
The nature of the threat, the presence of weapons, the possibility of a non-violent resolution
What is defence of a third party?
The right of a person to protect a third party with reasonable force against another person who is threatening to inflict force upon the third party. ex: mom protecting child
What is the defence of necessity?
Defendant’s actions justified by an emergency. Restricted to situations in which immediate action is required in order to avoid some calamity
What is considered with the defence of necessity?
Whether the benefits flowing from the defendant’s conduit outweigh the harm that was caused
What is a partial defence?
Allows a court to reduce damages on the basis of the plaintiff’s own responsibility for a loss or an injury
What is included in partial defence?
Provocation and contributory negligence
What is provocation?
Consists of words or actions that would cause a reasonable person to lose self-control
What does provocation mean?
The defendant is held liable for the physical attack, but the plaintiff is not entitled to full compensation
What is a contributory negligence?
Occurs when the plaintiff is partially responsible for the injury that the defendant tortiously caused
“Responsibility” in relation to contributory negligence?
Because responsibility is shared between the parties, the defendant is held liable, but damages are reduced to reflect the plaintiff’s contribution to the injury
