Tort Law - Intentional Torts Flashcards
What is an intentional tort?
Deliberate acts that cause injury or loss
What remedies are available
General - non-quantifiable
Special - quantifiable
Punitive - to punish the wrongdoer
What is Vicarious Liability?
Liability without personal fault
Give some examples of intentional torts?
Trespass to person (assault, battery)
Trespass to land
False Imprisonment
Nuisance (offends or annoys individuals or the community, often violating their legal rights. It can be an activity or situation that causes problems for others.)
Defamation
What are defenses for intentional tort
Accident not mistake (without deliberate intent, instead of an incorrect decision)
Consent
Self-defence
What is trespass to Land; is there an exception to this?
Being on another’s land without authority, permission is implied for business offering public services
What’s the duty of care for trespassers?
Traps aren’t allowed, but the owner isn’t responsible for unforeseeable dangers
What is conversion
A voluntary act by one person inconsistent with the ownership rights of another (rent car -> drive off)
What’s Detinue
An action to recover for the wrongful taking of personal property
What are the Pre-Req for Detinue
-Claimant must first prove that he had better right to possession of the chattel than the defendant
- The defendant refused to return the chattel once demanded by the claimant
