Defenses to Intentional Torts Flashcards
The following describes the defense to which tort?
Voluntary agreement to allow the defendant to engage in the conduct that would otherwise be a tort
Consent
complete defense. can be implied or express consent
The following describes which defense and to which tort?
Justifiable self-protection when a person reasonably perceives a threat and responds in a reasonable manner
Self defense - assualt & battery
The following describes which defense and to which tort?
A partial defense available to a defendant who was faced with a sudden act or insult that would make a reasonable person lose control
Provocation - assault and battery
partial defense
The following describes which defense and to which tort?
Justifiable protection when a reasonable person perceives a threat to another person and responds in a reasonable manner
Defense of others - assualt and battery
The following describes which defense and to which tort?
Jusifiable protection when a person reasonably perceives a threat to their property and responds in a reasonable manner
Defense of property - assault and battery
The following describes which defense?
A defense that permits the defendant to commit a tort in response to an imminent and unforeseen emergency for which there was no alternative
Necessity
rarely seen in tort cases
The following describes which defense?
Acting on the basis that they acted on the basis of a legal duty or within the bounds of legal authority
Legal authority
can be full or partial defense
The following are defenses to which tort?
- truth/justification
- absolute priviledge
- qualified priviledge
- statutory priviledge
- innocent dissemination
- fair comment
- responsible communication
Defamation
The following describes which type of defamation defense?
- A defense for statement made in court or Parliament
- Certain occasions where the person is speaking in legal proceedings and statements made in court, statements made in Parliament or a provincial legislature
- Also statements made between a client and their lawyer
- Senior levels of the military and police
- Communications between spouses
Absolute priviledge
The following describes which type of defamation defense?
- A defense for statement made in good faith while fulfilling a duty
- No specific set of rules (it is a public policy)
Qualified priviledge
The following describes which type of defamation defense?
- A defense to defamation with respect to fair and accurate reporting of certain proceedings
Pursuant to section 3 of Ontario’s libel and slander act, a “fair and accurate” newspaper or broadcast of certain public proceedings are privileged unless the publication was made maliciously - needs malice on the part of the media/press
- Statute law (rules for this defense)
Statutory priviledge
The following describes which type of defamation defense?
The people selling the defamatory content (a store that sells magazines that has a defamatory article in it)
Innocent dissemination
The following describes which type of defamation defense?
- Where the defendant expresses an opinion
- On the merit of public interest and made in a responsible way
- Must be based on facts
- Can any person honestly express that same opinion
- Cannot be made in malice
- Used mostly by the media/press
Fair comment
The following describes which defense to defamation?
- A defense for statements made in the public interest and in a way that is responsible
- They have to verify the information
- Argument of principle - free speech
Responsible communication
