Torts

Question 1

Assault

Answer 1

(i) the defendant intends to cause the plaintiff to anticipate an imminent, and offensive, contact

(ii) the defendant’s affirmative conduct causes the plaintiff to anticipate such contact with the plaintiff’s person.

Question 2

When must the assault occur?

Answer 2

The threatened bodily harm or offensive contact must be imminent, i.e., without significant delay.

Question 3

Claim for Negligence Barrier

Answer 3

Cannot claim economic harm alone, must have some PI or Property claim attached

Question 4

Negligent Entrustment

Answer 4

allows the owner of a vehicle to be held liable for the negligent acts of a driver to whom the car was entrusted if the owner knows or should know of the driver’s negligent propensities.

Question 5

Defamation barrier–Death

Answer 5

A deceased person cannot legally be defamed.