THE LAW OF TORTS

Question 1

What is a tort?

Answer 1

= a wrongful act done to the property or person of another which is recognized in law

Question 2

strict liability vs fault based system

Answer 2

strict liability – liability that is imposed based upon causation regardless of fault
fault based system – culpable behaviour

Question 3

When does strict liability apply (3)?

Answer 3

• nuisance
• the rule from Rylands v. Fletcher
• dog owner’s liability act (ON)

Question 4

Rylands v. Fletcher

Answer 4

non-natural use of the land and damage caused by accidental escape or unintended consequences

Question 5

vicarious liability

Answer 5

= strict liability of an employer to compensate for torts committed by an employee during their employment
- the employee is still also liable to the injured party and may be liable to the employer as well

Question 6

public nuisance

Answer 6

interference with the lawful use of public lands; often quasi-criminal in nature

Question 7

private nuisance

Answer 7

interference with an occupier’s use and enjoyment of his/her land (playing loud music)
- interference has to be substantial and unreasonable

Question 8

Intentional torts

Answer 8

• must intend to do the necessary elements of the tort
• harm must be caused

Question 9

4 elements of Assault

Answer 9

(1) intentionally; (2) uttering a threat (3) that is likely to cause a reasonable apprehension of imminent physical harm; (4) against a person or an identifiable group.

Question 10

3 elements of Battery

Answer 10

(1) intentionally; (2) applying unlawful force (3) without consent

Question 11

3 elements of Trespass

Answer 11

1) Intentionally; 2) Entering property; 3) Without consent
- if a trespasser has caused damage to the property, then the landowner can bring an action in court

Question 12

Intentional Infliction of Mental Distress

Answer 12

• recognizable physical or psychopathological harm must occur
• must have intent to cause harm (doesn’t have to be physical)

(1) The Defendant’s conduct was flagrant and outrageous;
(2) The Defendant’s conduct was calculated to harm the Plaintiff; and
(3) The Defendant’s conduct caused the Plaintiff to suffer a visible and provable
illness.

Question 13

DSM 5

Answer 13

Medical book that lists all the medically recognized mental condition

To succeed in the claim of intentional infliction of mental distress, you have to show you have developed a DSM 5 condition.

Question 14

False Imprisonment (3)

Answer 14

(1) Intentional; (2) Total confinement of a person against his or her will; (3) Without lawful justification.

• physical restraint or psychological
• it is not false imprisonment if the police lay charges

Question 15

4 elements of Malicious Prosecution

Answer 15

(1) unsuccessful charges against the plaintiff (2) initiated by the defendant (3) without reasonable and probable grounds, and (4) with malice or other improper purpose

Question 16

3 elements of Defamation

Answer 16

1) the 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 or published to at least one other person

Question 17

Slander (definition)

Answer 17

spoken defamation

Question 18

libel

Answer 18

= written defamation

Question 19

anti-SLAPP laws

Answer 19

you prove that this story was of interest to the public domain, the plaintiff has to prove that this lawsuit has substantial merit

Question 20

Defense against defamation (5)

Answer 20

1. the defendant proves the statements are true
2. absolute privilege = complete immunity from liability for defamation (parliamentary debate)
3. qualified privilege = immunity from liability for defamation provided a statement was made in good faith (letter of reference)

Only if the reporting (journalism) is done without malice:
4. fair comment = publication of a researched and reasonably held opinion that is honestly believed to be true
5. responsible communication on matters of public interest = a statement that is published in the public interest and is done responsibly

Question 21

3 defenses associated with intentional torts:

Answer 21

1. self-defence: you have the right to defend yourself to a reasonable degree if you believe you are in imminent harm
2. defences of legal authority: the spanking law - specific individuals can use reasonable force to correct behaviour (parents, teachers)
3. consent: if you consent to activity done towards you, you cannot sue