Tort Law- Intentional Torts

Question 1

What is a tort?

Answer 1

An inherently wrongful act that causes injury to another

Question 2

Intentional tort

Answer 2

Deliberate acts that cause injury or loss

Question 3

Unintentional tort

Answer 3

Careless or negligent acts that cause injury or loss

Question 4

Courts will compensate for:

Answer 4

• physical, economic, emotional, and mental injuries

Attempts to restore the victim to original position

Question 5

Vicarious liability

Answer 5

• Liability without personal fault
• Ex. Doing a work task negligently on shift, injuring others (you and employer can be sued)
• Ex. Zach shelving boxes improperly. Company (Walmart) and him will be sued.
• Ex. Vehicle owner liable for the use of car by another person (ex. I crash mom’s car)

Question 6

What are some examples of intentional torts? (5)

Answer 6

Ex.
- Trespass to person (assault and battery)
- Trespass to Land
- False imprisonment
- Nuisance
- Defamation

Question 7

Assault

Answer 7

Fear of contact

Question 8

Battery + example of battery

Answer 8

Touching of another without consent
- Yim VS Bettel (Bettel tries to set the store on fire. Yim shakes him to get a confession, causing injury to the head. Yim is charged for battery)

Question 9

What are some defences to trespass to person (assault and battery)?

Answer 9

• It was an accident!
• There was informed consent (ex. Playing a sport)
• Self-defence, with reasonable force

Question 10

Hockey game fight (Moore v Bertuzzi)

Answer 10

CRIMINALLY:
- Bertuzzi prosecuted criminally
- Charged with aggravated assault and battery
- Pleaded guilty + apologized, seemed remorseful and claimed that he didn’t want to decommission him from hockey
CIVILLY:
- Bertuzzi, Canucks manager, + company sued (vicarious liability)
- Settled 14 years later (side effects may manifest in the future)

Question 11

Trespass to land definition

Answer 11

Being on another’s land without authority

Question 12

Occupier

Answer 12

Parties that have possession of a property

Question 13

Example of trespass to land at SFU

Answer 13

Cheating / essay writing services at SFU.

Question 14

Examples of trespass to land

Answer 14

• robbery twice, third time shot by intentionally set up gun (still responsible because was intentional)
• Must shovel snow
• Bhalloo trespasses yard, jumps fence, almost injured. Cannot sue because homeowner set up necessary preventative measures.

Question 15

What is a chattel?

Answer 15

Movable, personal property (goods)

Question 16

What is conversion?

Answer 16

Unauthorized possession of personal property causing alteration of property
(Ex. Selling a car that you rented)

Question 17

What is Detinue?

Answer 17

An action to recover for the wrongful taking of personal property.
Ex. Keeping a rental car past its return date

Question 18

What are 3 elements of false imprisonment?

Answer 18

1. The unlawful and intentional restraint of persons against their will
2. Restraint must be total
3. Victim may submit or be forced to comply

Question 19

What could be defence to false imprisonment?

Answer 19

Citizens arrest: restraint may be justified if persons have done something for which they may be arrested.

Question 20

Defamation

Answer 20

• a detrimental false statement about someone
• must be published or broadcasted

Question 21

Slander

Answer 21

Spoken defamation

Question 22

Libel

Answer 22

Written defamation

Question 23

What are 5 defences to a defamation action?

Answer 23

1. TRUTH
2. Absolute privilege - ex. Making a defamatory statement while testifying at a trial
3. Qualified privilege - ex. Employer reference evaluation of an employee
4. Fair comment - comment on a matter of public interest (recognizable as an opinion)
5. Public interest responsible journalism - media/other persons publish information to the general public + facts are untrue.