torts

Question 1

torts

Answer 1

injured party brings action in court against wrongdoer

includes:
- assault and battery
- false imprisonment
- trespass

Question 2

assault and battery

Answer 2

• intentional physical interference with another person

Question 3

assault

Answer 3

• threat to harm another
• must be intentional and immediate
• must be physically possible to carry out
• physical contact is not required

Question 4

battery

Answer 4

• intentional and wanted
• involves physical contact

Question 5

defences for assault and battery

Answer 5

• informed consent
• self-defence

Question 6

false imprisonment

Answer 6

• unlawful restraint
• may be simply compliance if victim thinks there is no choise

Question 7

defence for false imprisonment

Answer 7

• proof of no actual confinement or submissions

Question 8

trespass

Answer 8

• voluntarily coming onto anothers property without permission

indirect trespass
- throwing something on anothers property

continuing trespass
- anything ancroaching on anothers land

Question 9

defence for trespassing

Answer 9

• intruder had no control over where they were

Question 10

nuisance

Answer 10

• someones inappropriate use of their property that interferes with their neighbours use of their property
  (fumes, odour, water)
• to prove, interference must have been reasonably foreseeable

Question 11

defamation

Answer 11

derogatory false statements to detriment of a person, company or product

• must be published
• must be communicated to a third party

Question 12

injurious falsehood

Answer 12

malicious publication of a falsehood that leads other person to act in a manner that causes loss or damage

Question 13

libel vs slander

Answer 13

libel
- written defamation
- includes broadcasted defamation
- easier to prove as it is more permanent

slander
- spoken defamation
- verbal meaning it is harder to proved

(may involve innuendo)
- mistake is no defence

Question 14

defences to defamation

Answer 14

includes:
- justification
- absolute privilege
- qualified privilege
- fair comment
- responsible communication

Question 15

justification

Answer 15

• if statement is true, this represents an effective defence

Question 16

absolute privilege

Answer 16

• statements made on floor of legislation in senior government committees, and as part of trial proceedings

Question 17

qualifies privilege

Answer 17

• statements made with respect to some matter of mutual interest from member of professional bodies

Question 18

fair comment

Answer 18

• if commentary involves statement that is not true
• derogatory comments made as fair comments on public matter are protected

Question 19

responsible communications

Answer 19

• as long as a publication was on matter of public interest, and was reasonable, and an attempt to verify the facts was made, it is protected

Question 20

negligence

Answer 20

• inadvertent or careless conduct causing injury or loss to another

Question 21

standard of care ( negligence )

Answer 21

• person require to live up to what would be expected of a reasonable person in same circumstances

Question 22

standard of care with professionals

Answer 22

• experts held to standard of a reasonable person in their profession

Question 23

defences to negligence

Answer 23

thin skull rule
- make defendant liable for the plaintiffs unforeseeable reactions to the defendants negligence

contributory negligence
- if plaintiff is also negligent, court will apportion the damages voluntary assumption of risk
- where the plaintiff has voluntarily put themselves in danger and assumed the legal and physical risk

remoteness
- where the causal connection is indirect, liability may be reduced

Question 24

professional liability

Answer 24

• responds to claims arising from acts of professional negligence

Question 25

fiduciary duty

Answer 25

• to act in the best interest of their clients