Intentional Torts

Question 1

What is the definition of an intentional tort?

Answer 1

An action that caused harm to another is done on purpose. Only the action has to be intentional not the harm. If you break someone’s fingers while shaking their hand you didn’t mean to hurt them but you meant to shake their hand

Question 2

What is the definition of assault?

Answer 2

The threat of violence to a person

Question 3

What is the definition of battery?

Answer 3

The unlawful touching of a person without consent

Question 4

What is an example of battery?

Answer 4

A doctor who operates on a patient without consent

Question 5

What is the definition of trespass?

Answer 5

The act of entering someone’s land without consent and causing harm. Entering the land by itself is not enough

Question 6

What is the test to prove trespass?

Answer 6

Four parts:

1. Must have been intentional
2. Must have entered the property in question
3. Must have entered without consent
4. Must have caused harm

Question 7

How can you prove the intentional inflection of mental distress?

Answer 7

Must show that there was intent to cause lasting physical or pathological harm

Question 8

What is false imprisonment?

Answer 8

Unlawfully restraining another person either physically or psychologically

Question 9

What is the difference between false imprisonment and false arrest?

Answer 9

False arrest is false imprisonment with the intention to hand over the captured person to police

Question 10

What is malicious prosecution?

Answer 10

Reporting a person to the police when there is no reason to believe they have committed a crime

Question 11

How do you prove malicious prosecution?

Answer 11

You must prove the following:

1. There were unsuccessful charges
2. The charges were initiated by the defendant
3. There was no reasonable ground for the charges
4. The false charges were laid with malice or improper purpose

Question 12

What is defamation?

Answer 12

Making untrue statements that cause injury to the reputation of another

Question 13

What is the difference between libel and slander?

Answer 13

Libel is written defamation, slander is spoken defamation

Question 14

What are the 3 elements of defamation?

Answer 14

1. Material is defamatory in that it lowers the plaintiff’s reputation in the eyes of a reasonable person
2. The material must refer to the plaintiff
3. The material must be communicated to at least one other person

Question 15

How can you be immune from defamation?

Answer 15

As a parliament member or something similar you are given absolute privilege to be immune from defamation for the interest of public discourse

If you have made a false statement in good faith, honestly believing it to be true you have qualified privilege

Over exaggerations and unbelievable remarks as a reasonable person would not believe them.