Intentional Torts

Question 1

What is a tort?

Answer 1

Definition: Civil wrong compensated by damages

• An injury, caused to someone or their property, we look back to assess what the injury was

Question 2

Intentional tort definition?

Answer 2

Definition: Where one w the intention has mens era to cause personal harm, economic harm, or interference with one’s property

Question 3

Unintentional tort definition?

Answer 3

Definition: One that is of most concern to business person and where the professional person is not involved in any shape or form in the actual cause of the injury

Key word: negligence

Question 4

What are two types of personal injuries?

Answer 4

Assault and battery

Question 5

Define assault in area of tort law?

Answer 5

Definition: Intentionally creating the apprehension of physical contact

• Putting someone in fear they are going to be hurt, injured, assaulted, struck
• Must be sense of immediacy to assault/imminent danger (raising fist to strike close by but if at distance = not immediacy)

Question 6

Define battery in are of tort law?

Answer 6

Definition: The actual contact, any forms of physical contact intended is a battery.

Criminal - assault is actual contact

Civil - two torts are defined (one of the two, not both assault and battery)

Question 7

Defences for A&B?

Answer 7

1. Defence of consent

2. Defence of self-defence

Question 8

A&B: Defence of consent

Answer 8

• Known as defence of vollans
• Consent must be freely and genuinely given
• Must be informed consent when action goes beyond what is consented it is not shielded in this defence

Question 9

Example of defence of consent (defence of vollans):

Answer 9

• Two people go behind bar and fight
• if both use fists, no lawsuit
• One person uses glass (meaning greater means than where one consented to the fight) it goes beyond vollans as opposing party did not consent to fighting with glass

Question 10

A&B: Defence of self-defence

Answer 10

• Trying to defend yourself in a reasonable manner
• If fear of being attacked, even have the right to strike first
• Key word “reasonable” manner, must not exceed circumstances (hitting after they are obviously down)

Question 11

If a nurse, doctor, or other person helps in an emergency situation where they render services in a non-medical setting: are they liable if condition worsens?

Answer 11

Emergency Medical Aid Act states that unless they act w negligence, they are not responsible for anything done

Question 12

Second intentional tort is false imprisonment, definition?

Answer 12

Def: Total restraint of free movement without lawful justification

Example: form locking, physical threats if they escaped, car forced to stay in lane

Question 13

What is another form of economic harm?

Answer 13

Defamation

Question 14

Defamation definition?

Answer 14

Def: Unjustified injury to reputation that can occur in written or spoken

Question 15

Defamation: If spoken?

Answer 15

Slander

Question 16

Defamation: If written?

Answer 16

Libel

Question 17

What are the things wanted for defamation?

Answer 17

1. Money
2. Retraction
3. Apology

Question 18

Defamation: If it is not reached to anyone but you, is it considered defamation?

Answer 18

No, insult. Must reach others

Question 19

Defamation: Defences?

Answer 19

1. Truth

2. Privilege

Question 20

Defamation: Truth

Answer 20

It cannot hurt reputation if it is true what is said

Question 21

Defamation: Privilege

Answer 21

• Applies to parliament, courtroom inquest, commission hearings, leg.
• Qualified privilege is newspapers and as long as they depicted fairly and honestly

Question 22

Injurious Falsehood

Answer 22

• Spreading lies or untruths about a person’s property or business made knowingly with intent to cause financial loss

Question 23

Interference with land or chattels

Answer 23

Example: trespassing without consent on property

Question 24

Nuisance definition?

Answer 24

Def: Tort of interference with property. Interfering with enjoyment entitled to property

Example: smoke, fumes, noise. There is tolerable, and those outside are called nuisance

Question 25

Conversion?

Answer 25

Def: Wrongfully taking or withholding of another person’s personal belongings.

Question 26

Inducing breach of contract?

Answer 26

Def: Intentionally induce another person to break a lawful contractual arrangement by a third party

• Must show defendant knew of contract and breach was likely to cause loss

Example: poaching

Question 27

Passing Off/Misappropriation?

Answer 27

Def: Criminal offence is the imitation of a product for your own gain