Intentional Torts Flashcards
The following are elements required for which tort?
- the defendant intended to create the apprehension of contact
- the plaintiff apprehended that physical contact was going to occur
- the plaintiff’s apprehension was reasonable
- the contact must be imminent
- the imminent behaviour must be harmful or offensive in nature
Assault
The following are elements to which type of tort?
- the defendant intended to touch or make contact with the plaintiff
- contact was actually made with the plaintiff
- the contact was unlawful (harmful or offensive)
Battery
The following are elements to which type of tort?
Defendants conduct must:
* be flagrant and outragious (includes glaring and notorious false communication)
* be calculated to produce harm
* result in a visible and provable injury (more serious than stress, anxiety or fear)
Intentional Infliction of Mental Suffering
The following are elements to which tort?
The plaintiff must establish:
* they were “totally deprived” of their liberty (no reasonable means of escape)
* the depravation was against their will
* the deprevation was caused by the defendant
False Imprisonment
The following are elements to which tort?
The plaintiff must prove:
* the defendant initiated a criminal proceeding
* the proceedings were terminated in favor of the plaintiff
* there was an absense of “reasonable and probable cause” for bringing the proceeding (a reasonable belief in the guilt of the accused)
* the defendant acted with malice or with a primary purpose other than that of carrying the law into effect
Malicious Prosecution
The following are elements to which tort?
- the plaintiff is a party to a legal process initiated by the defendant
- the defendant’s predominate purpose for initiating the legal process was to further an improper purpose, namely “to achieve an end or outcome that is outside the ambit of their lawsuit”
- the defendant took or made a definite act or threat in furtherance of the improper purpose
- special damage (quantifiable out-of-pocket losses) occured
Abuse of Process
The following are elements to which tort?
- the defendant’s conduct must be intentional
- the defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns
- a reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish
Intrusion Upon Seclusion
The following describes which tort?
A person, without legal justification, “enters upon, remains upon or places or projects any object” on land occupied or possessed by another person
Trespass to land
The following describes which tort?
Interfering with a person’s use or enjoyment of their land in a substantial and unreasonable way
Nuisance
The following describes which tort?
Interference with someone’s possession of a chattel without the intentional or effect of denying or negating the person’s ownership
Trespass to chattels
The following describes which tort?
A wrongful intrference with the goods of another person, such as taking, using or destroying the goods in a manner inconsistent with the owner’s right of possession
Conversion
The following describes which tort?
Wrongful or unlawful detention of another person’s chattel
Detinue
The following is an example of which tort?
Someone left their phone on the table and you take it and start adding your own contacts, changing the background, and personalizing it to be your own phone
Conversion
The following is an example of which tort?
Someone using a stick to play with your hair when you don’t want them to
Battery
The following is an example of which tort?
You’re mad at your friend so you call the police and say your friend sells drugs and hides them under the bed (even though they don’t)
Malicious prosecution
