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B LAW 201 > Topic 5 - Intentional Torts & Business Torts > Flashcards

Topic 5 - Intentional Torts & Business Torts Flashcards

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1
Q

What is considered to be criteria for the tort Inducing a Breach of Contract?

A
  1. A contract was breached.
  2. The defendant knew about the contract and deliberately induced its breach.
  3. The plaintiff, a party to the contract, suffered as a result.
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2
Q

What is an example of Inducing a Breach of Contract?

A

A corporation putting pressure on another corporation to breach its employment relationship with one of its employees.

OR

A director, causing the corporation to breach a contract it has with its creditor…(ie. Pocklington case)

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3
Q

What is a real life case example of Inducing a Breach of Contract?

A

Alberta Ltd. v. Pocklington

Peter Pocklington “induced” the breach by signing a director’s resolution transferring certain shares owned by Gainers (valued in the millions) to his own company, when actually the consent of Alberta was needed before doing this (as stated in their contract)

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4
Q

What is the business tort: INTERFERENCE WITH ECONOMIC RELATIONS?

A

Engaging in unlawful conduct (such as bribery, defamation or paying kickbacks) to discourage customers from dealing with one’s competitor

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5
Q

What is the business tort: INTIMIDATION?

A

Using a threat of violence or some other illegal activity to force a party to do something

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6
Q

What is the business tort: DECEIT (fraudulent misrepresentation)?

A

Intentional and fraudulent misleading of another, causing damage.
Statements were made:
(a) knowing them to be false; or
(b) without belief in their truth; or
(c) recklessly, not caring whether they were true or not.

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7
Q

What kind of damages are often awarded for deceit?

A

punitive damages

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8
Q

What are punitive damages?

A

damages exceeding simple compensation and awarded to punish the defendant

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9
Q

What is the business tort: CONSPIRACY TO INJURE?

A

Parties acting together and using unlawful means to injure the business interests of another

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10
Q

What is the business tort: MALICIOUS PROSECUTION?

A
  1. Plaintiff must establish that the defendant initiated prosecution out of malice
  2. There must be a lack of reasonable grounds supporting the prosecution
  3. Plaintiff was acquitted of the charges
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11
Q

What is the business tort: PASSING OFF?

A

Misleading others as to whose product or service is being offered. Passing off your product as if it were another’s

Misleading packaging could also be an example. ie. Packaging so similar to a successful brand that the public is led to believe the product belongs to or is associated with the successful brand

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12
Q

What happened in the case of Disney v. West Edmonton Mall

A

West Edmonton Mall had to change the name of its amusement park from “Fantasyland” to “Galaxyland”

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13
Q

What 4 things must the Plaintiff approve in order for their Passing Off claim to be successful?

A
  1. The plaintiff’s goods, services or business enjoy a reputation that is worth protecting.
  2. The defendant misrepresented its goods, services or business as being those of the plaintiff.
  3. The public was misled (actual confusion) or confusion is likely.
  4. The plaintiff suffered damage (loss of business, loss of reputation)
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14
Q

What is the business tort: BREACH OF CONFIDENTIALITY?

A

Involves the wrongful disclosure of confidential information such as trade secrets, customer lists and future plans.

~ The information must be of a confidential nature, it must have been given to someone in confidence and it must have been misused by the person to whom it was given.

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15
Q

What is the business tort: INJERIOUS FALSEHOOD (trade defamation)?

A
  • Making statements that are untrue and unfounded about the goods or products of another
  • The statements would cause consumers to regard these products or services less favorably.
  • Damages are suffered by the plaintiff.
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16
Q

What tort is committed if one sells chocolate bars named “Kitt Katt” packaged in red foil wrappers?

A

Passing Off tort

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17
Q

Which of the following is not a tort?

a) inducing breach of contract
b) invasion of privacy
c) passing off
d) injurious falsehood

A

b) invasion of privacy

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18
Q

What is the definition of a Tort?

A
  • Wrongful Act (a civil or social wrong) for which the courts direct compensation to be paid to the victim.
  • Distinguishable from a crime (wrong that affects society as a whole) although there may be overlap.
  • Punishment and deterrence are the aims of criminal law. Compensation to the victim is the aim of tort law.
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19
Q

What is the role of tort law?

A

to compensate victims for harm suffered at the hands of others

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20
Q

What are special damages?

A

damages awarded to cover expenses that have been incurred, or specific calculable pre-trial losses (“out of pocket” expenses with specific monetary value)

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21
Q

What are general damages?

A

incurred when it is not possible to place an actual value on the loss. (ie. pain and suffering, harm to reputation or future loss of earnings)– may also compensate for estimated future losses

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22
Q

What are punitive damages?

A

are awarded to punish the Tortfeasor, and are often rooted in social policy. Since punitive damages punish the wrongdoer, rather than compensate the victim, they are rarely awarded. However, the Court may award PUNITIVE damages with the objective of compensating the victim for intangible injuries such as distress or humiliation

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23
Q

What are the 3 trends that tort action requires?

A
  1. Fault
  2. Causation
  3. Compensable injury
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24
Q

What 2 interests must the courts balance?

A

Desire to compensate innocent victims vs. desire to avoid inhibiting beneficial conduct

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25
Q

What is the current upper limit that the Supreme Court of Canada has placed on rewards for pain, suffering and loss of enjoyment of life?

A

$350,000

26
Q

What is vicarious liability?

A

being liable for someone ELSE’S wrongdoing

27
Q

What is the main example of vicarious liability?

A

An employer may be held liable for the torts committed by its employees while on the job

HOWEVER

The employer may still be able to turn to its employee (sue) and recover its loss

28
Q

Jody was walking down Whyte Avenue when she was struck by cyclist who was riding on the sidewalk. She was knocked out; an ambulance was called and she was hospitalized for three days. The ambulance transport alone cost her $180. Jody now suffers from persistent headaches that affect her ability to work. She also has a broken arm. Were she to sue the negligent cyclist, it is unlikely that the court would award the following:

a) General damages
b) Punitive damages
c) Special damages

A

b) Punitive damages

29
Q

Which of the following statements is CORRECT in relation to tort law?

(a) An act must be intentional to be classified as a tort.

(b) The main purpose of tort law is to impose punishment on a wrongdoer.

(c) Tort law grants huge awards to victims of wrongful conduct.

(d) Sometimes a wrongful act will be both a crime and a tort

A

(d) Sometimes a wrongful act will be both a crime and a tort

30
Q

What is the intentional tort: BATTERY

A

deliberate physical contact without consent

31
Q

What is the intentional tort: ASSAULT

A

deliberate threat of contact (no actual contact required) and a real fear created of unwanted physical contact

32
Q

What are the 2 main defences to battery?

A
  1. Consent: must be informed consent
  2. Self-defence: can use reasonable force to repel an attack
33
Q

What happened in the case of Macmillan v. Hincks?

A

The case examines what the Defendant must prove to raise self-defence, or consent, as a defence.

Both of the “complete” defences were established. The Defendant used no more force than necessary to defend himself, so the blows inflicted were thrown in self-defence.

As to consent, those who engage in fights cannot complain of the injuries they suffer unless the force used is unnecessary or excessive. The Plaintiff was the first to engage in physical aggression. When asked to leave, the Plaintiff grabbed the Defendant and engaged in a tussle. Although punches were exchanged, once the Plaintiff let go of the defendant, the fight was over.

Even though the Plaintiff’s injury was significant, the force used by the Defendant was not excessive. The Plaintiff’s action in battery was thus dismissed.

34
Q

As a doctor to touch a patient without consent = battery. However, an unconscious patient cannot consent so what is the Emergency doctrine?

A

IF a patient cannot consent & IF IMMEDIATE treatment is required to
preserve LIFE or preserve HEALTH
THEN IT IS IMPLIED that the patient would consent if they could

35
Q

In the case of Malette v. Shulman how was consent treated differently?

A

“implied consent” was overridden by an “express consent”

Why?

The patient expressed that there was no consent to a blood transfusion, however, the doctor still treated the patient out of necessity and it was then considered battery

36
Q

What is a CHATTEL?

A

personal property

37
Q

What is Trespass to Chattels?

A
  1. Deliberate interference with plaintiff’s personal property or possessions.
  2. Without plaintiff’s permission or consent and without lawful right. “Don’t touch my stuff!”
38
Q

What is the tort of CONVERSION?

A
  • Intentionally appropriating (asserting ownership or possession) of the property of another.
  • Stealing another’s property, wrongfully selling it, obtaining it through fraud
  • Treating another’s property as if one owned it. May also involve a trespass to chattels.
39
Q

What is the tort of DETINUE?

A
  • Wrongfully detention of the property of another.
  • Retaining another’s property after being asked to return it
  • Tortfeasor may have come into possession with the owner’s permission, but now refuses to deliver the property
40
Q

Explain the tort of TRESSPASS TO LAND

A

deliberately being on another’s property, there without permission or lawful right, damage isn’t necessary

  • May also be trespass if initially invited or allowed onto the property but then refuse to leave when asked to.
  • One need not be the owner of the property to be able to sue for trespass (ie. A lessee with exclusive possession may sue)
41
Q

What is the tort of PRIVATE NUISANCE?

A
  1. unusual use of property
  2. causing interference with neighbour’s use of their property
    interference is usually ongoing and continuous
  3. results in foreseeable injury or harm
42
Q

What is Strict Liability?

A

liable even if no “fault” exists, no negligence, no intent to harm involved

43
Q

Frank had the unfortunate experience of running into a bouncer with attitude! Without cause, the bouncer threw Frank out of the bar, ripping Frank’s leather jacket in the process. In light of these facts, Frank is best advised:

(a) to sue the bouncer for the tort of assault.
(b) to sue the bouncer for the tort of trespass to chattels.
(c) to sue the owner of the bar and the bouncer for battery and trespass to chattels.
(d) to sue the bouncer and the owner of the bar for nuisance.
A

(c) to sue the owner of the bar and the bouncer for battery and trespass to chattels.

44
Q

Which of the following actions constitutes an actionable assault?

(a)	an offensive gesture from another 	motorist.
(b)	bumping into someone on the staircase.
(c)	striking a spectator with an errant shot-put during a track meet.
(d)	pointing an unloaded gun at another who does not know whether or not the gun is loaded.
A

(d) pointing an unloaded gun at another who does not know whether or not the gun is loaded.

45
Q

In which of the following situations has a battery taken place?

(a)	a paramedic applying a splint to her patient’s broken leg.
(b)	a vandal smashing a storefront window.
(c)	a hockey player checking someone into the boards during a game.
(d) an uninvited and offensive kiss.
A

(d) an uninvited and offensive kiss

46
Q

What is the tort of FALSE IMPRISONMENT?

A
  1. False: unlawful or without authority
  2. Imprisonment: holding someone, deliberately or intentionally, against their will

Even “staying put” may suffice – if submitting to one in authority.
ie. plaintiff felt compelled to stay

47
Q

Under the Criminal Code, a citizen’s arrest can be made if one has seen another…

A

commit an indictable offence (theft, assault or murder)

48
Q

What is the tort of DEFAMATION?

A

Injury to one’s reputation
*in Alberta: includes libel (written) and slander (spoken)

  1. false statement
  2. published…communicated to a third party
  3. detrimental…derogatory to one’s reputation

Statements that contain innuendo, (a hidden meaning) can be defamatory

49
Q

What are the 4 defences to defamation?

A
  1. Truth (justification) – statements a complete defence
  2. Absolute Privilege - statements made in forums where complete openness is necessary (as in a courtroom, or in Parliament, Legislature)
  3. Qualified Privilege - statements made out of a sense of duty, statements made to others who have a right to know, if without malice or knowledge of falsehood
  4. Fair Comment - often used by the press, comments made regarding public figures, without malice or unjust motive
50
Q

In which of the following situations, would liability for the tort of false imprisonment be most likely?

a) A mall security guard instructing an innocent shopper to sit and wait on a bench in the mall, while he went to call the police. The security guard thought he saw the shopper take something from one of the shops. The shopper left once the guard turned away.

b) A homeowner catching someone breaking into his home, and forcing the trespasser into a garage. The police were not called for two days.

c) A teacher detaining a student at the school until the police arrived. The student was caught selling drugs to a classmate.

d) An elderly lady using her dog to force a burglar into the basement of her home. The burglar was kept in the basement by the dog until the police arrived.

A

b) A homeowner catching someone breaking into his home, and forcing the trespasser into a garage. The police were not called for two days

51
Q

Alice went shopping with three schoolmates. At the store, the security guard detained Alice and, in front of her friends, accused her of stealing. To Alice’s embarrassment, the police were called but they released her when no stolen property was found on her person. Based on these facts, Alice would best be advised:

a) Just to sue the security guard for false imprisonment, seeing as he was the only party committing the tort.
b) Not to sue as no tort has been committed.
c) To contact the police and lay charges of false imprisonment against the security guard.
d) To sue the store and its employee, the security guard, for false imprisonment and defamation.

A

d) To sue the store and its employee, the security guard, for false imprisonment and defamation

52
Q

John has hay fever and is allergic to pollen so he decided to get rid of the plants in his yard, including the lawn. He sprayed everything with Round-Up and covered his yard with ornamental stones. He killed his neighbours’ plants in the process. Were John’s neighbours to sue, they would be best advised to:

a) sue alleging battery.
b) sue alleging nuisance.
c) sue alleging trespass to land.
d) sue alleging assault.

A

b) sue alleging nuisance

53
Q

An Alberta businessman brought a proposal to the Alberta government to convert an Alberta hospital into a private facility. The “Hotel de Health” would offer fast-tracked surgeries to patients willing to pay a premium. Before the Legislative Assembly, the opposition members openly examined and criticized this businessman’s past record, revealing that he had history of failed business adventures. The businessman retaliated by suing the opposition M.L.A.’s for defamation of character.

Based on the forgoing facts, which of the following defences is most appropriate for the opposition members to raise?

a) Qualified privilege
b) Voluntary assumption of risk
c) Fair comment
d) Absolute privilege

A

d) Absolute privilege

54
Q

Does tort law protect privacy?

A

Breach of privacy is not recognized as a tort by common law

Statutes must be enacted to protect privacy and governments have done so.

In Alberta we have four Statutes that specifically provide privacy protection. Two of the Acts are Provincial, and two are Federal

55
Q

What are the two statutory Provincial Acts that protect privacy?

A
  1. FOIP (Freedom of Information and Protection of Privacy Act)
  2. PIPA (Personal Information Protection Act)
56
Q

What are the two statutory Federal Acts that protect privacy?

A
  1. Privacy Act
  2. PIPEDA (Personal Information Protection and Electronic Documents Act)
57
Q

Delta Kappa Epsilon decides to host an all-night, outdoor concert in the park. Neighbouring residents are complaining about the noise.

(a) assault
(b) battery
(c) nuisance
(d) defamation
(e) trespass to land

A

(c) nuisance

58
Q

What is the aim of tort law?
(a) Punishing the wrongdoer
(b) Compensating the victim

A

(b) Compensating the victim

59
Q

When liability is imposed upon an employer whose careless waitress scalded a patron, this is an example of:
(a) Strict liability
(b) Vicarious liability

A

(b) Vicarious liability

60
Q

A nurse injects a patient with Demerol – despite the patient’s objections.

(a) assault
(b) battery
(c) nuisance
(d) defamation
(e) trespass to land

A

(b) battery

61
Q

Jane, upset that her neighbour’s dog regularly soils her yard, leaves a bag of doggy-doo on her neighbour’s front step.

(a) assault
(b) battery
(c) nuisance
(d) defamation
(e) trespass to land

A

(e) trespass to land

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