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B LAW 301 > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What is a tort?

A

A wrongful act (civil or social wrong for which the courts direct compensation to be paid to the victim.

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2
Q

What is the aim of tort law?

A

Compensation.

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3
Q

What is the aim of criminal law?

A

Punishment and deterrence.

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4
Q

Who is the tortfeasor?

A

He/she who committed the tort. If liable, pays compensatory damages to the victim.

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5
Q

What are the three types of tort damages? Describe each one.

A
  1. Special damages, awarded to cover expenses that have been incurred, or specific, calculable, pre-trial losses
  2. General damages, are incurred when not possible to place an actual value on the loss
  3. Punitive damages, rare, awarded additionally to punish the tortfeasor (hazing)
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6
Q

What are the three things a tort action requires?

A
  1. Fault
  2. Causation
  3. Compensable injury
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7
Q

What constitutes appropriate fault? What used to constitute appropriate fault?

A

Now: unintentional but careless conduct
Previously: Had to be intentional, more narrow

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8
Q

What constitutes appropriate causation? What used to constitute appropriate causation?

A

Now: remoteness test, defendant may avoid liability directly caused if it is shown the injury was too remote to be foreseeable
Previously: more broad, and direct causation

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9
Q

What constitutes appropriate compensable injury? What used to constitute appropriate compensable injury?

A

Now: any physical, economic, emotional losses
Previously: had to be physical

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10
Q

What is the upper limit on compensable awards? Who put this into place, and why?

A

$325,000, the SCC. In order to avoid excessive awards.

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11
Q

Define vicarious liability.

A

Being liable for someone else’s wrongdoing.

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12
Q

What is battery?

A

Deliberate physical contact without consent.

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13
Q

What is assault?

A

Deliberate threat of contact (NO actual contact required)

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14
Q

What are two defenses to battery?

A
  1. Consent (must be INFORMED)

2. Self-defence

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15
Q

What is the emergency doctrine?

A

If a patient cannot consent, and if immediate treatment is required to preserve life or health then it is implied that he/she would consent if they could.

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16
Q

What is trespass to chattels?

A

Deliberate interference with plaintiff’s personal property or possessions, without plaintiff’s permission or consent and without lawful right.

17
Q

What is conversion?

A

Intentionally appropriating the property of another, treating another’s property as if one owned it. Subset of trespass to chattels.

18
Q

What is Detinue?

A

Wrongful detention of property of another.

19
Q

What is trespass to land?

A

Deliberate being on another’s property without permission or lawful right.

20
Q

Can force be used to eject trespassers from property?

A

Yes, to a reasonable extent. Battery action may follow otherwise.

21
Q

Can one be trespassing if initially invited onto property?

A

Yes, if they are asked to leave once on it. Occupier must allow trespasser opportunity to leave first.

22
Q

What are two examples of law having to do with occupiers’ liability? What do they entail?

A
  1. Common law: only a minimal duty is owed to trespassers, no traps, no deliberate harm.
  2. Occupiers’ liability act: imposes a greater duty if the trespasser is a minor.
23
Q

What is private nuisance?

A

Unusual use of one’s own property that may cause interference with neighbour’s use of their property. Must result in foreseeable injury or harm.

24
Q

What is strict liability?

A

Liability just because injury was caused as a result of one’s actions. Liable even if no “fault” exists.

25
Q

What is false imprisonment?

A

Holding someone deliberately against their will, without authority/unlawfully.

26
Q

What is defamation?

A

Both written and spoken injury to one’s reputation.

27
Q

What are four defenses to defamation?

A
  1. Truth
  2. Absolute privilege: statements made in forums where complete openness is necessary
  3. Qualified privilege: statements made out of a sense of duty, without malice.
  4. Fair comment: used by the press, without malice or unjust motive.
28
Q

Does common law recognize a tort on breach of privacy? If so, what cases?

29
Q

What statutes in AB recognize breach of privacy and specifically provide privacy protection?

A
  1. FOIP - Freedom of information and protection of privacy act
  2. PIPA - Personal information protection act
  3. Privacy Act
  4. PIPEDA - personal information protection and electronic documents act

B LAW 301 (9 decks)

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