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26 Cards in this Set
- Front
- Back
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Define assault. |
-occurs when a defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent |
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Define battery (and not the ECE kind). |
-to intentionally create offensive bodily contact |
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Which tort did not exist until recently? |
-tort of invasion of privacy |
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What are the general categories of intentional torts? |
-interference with the person -trespass to land -interference with chattels |
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Which torts indirectly protect privacy? |
-trespass to land (trespassing onto someone's land to take a picture) -breach of confidence (publishing embarrassing details about an employer's private life) -misappropriation of personality (unauthorized use of a celebrity's image) -negligence (newspaper ignores the judge's instructions and publishes one's identity) |
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Can a person be liable if a person does not knowingly violate another person's privacy? |
-No because provincial statutes impose liability if a person "willfully" violates another's privacy by doing something they know to be wrong |
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Define the tort of false imprisonment. |
-unjustified confinement within fixed area |
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Is consent a complete defence to all intentional torts? |
-Yes it is not considered an intentional tort if there is consent. |
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When can a police officer imprison someone vs a private citizen (i.e. security guard)? Are they then liable? |
-police officers may arrest anyone who is reasonably suspected of being in the act of a committing a crime or having committed a serious crime in the past -police officers will not be held liable even if the person is innocent -private citizens can only make an arrest if the crime is actually being committed by the suspect -the person may be held liable even if they acted honestly and reasonably |
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What is Malicious Prosecution and what must be proven in court? |
-occurs when the defendant improperly causes the plaintiff to be prosecuted -The court hasto be satisfied that (i) the defendant started the proceedings, (ii) out ofmalice, or for some improper purpose, (iii) without honestly believing onreasonable grounds that a crime had been committed, and that (iv) the plaintiffwas eventually acquitted of the alleged crime |
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Define the tort of trespass to land. |
-occurs when the defendant improperly interferes with the plaintiff's land |
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What are the elements of the tort of trespass? |
-lackof consent -lackof legal authority |
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Define the tort of trespass to chattel (chattels are moveable forms of property). What is a typical remedy? |
-occurs when the defendant interferes with chattels in the plaintiff's possession (chattel taken, destroyed, used, or touched) -compensation for remedy |
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Define the tort of conversion (chattels are moveable forms of property). |
-occurs when the defendant interferes with the plaintiff's chattels in a way to that is serious enough to to justify a forced sale |
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What are the types of torts for intentional interference with chattels? |
-trespass to chattel -conversion -detinue |
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Define the tort of detinue (chattels are moveable forms of property). What is a typical remedy? |
-occurs when the defendant fails to return a chattel that the plaintiff is entitled to possess -the plaintiff is required to demand possession of the property before bringing an action -compensation for loss or return of chattels |
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What is replevin? Which tort is the only one that allows replevin? |
-The court procures chattel until theright to their possession can be decidedby a court of law. -tort of detinue |
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What is the right of recaption? |
- the re-acquisitionof chattel by owner - the ownercannot use unreasonable force -ownercannot breach the peace |
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What is consent in the context of torts and what are the two main types of consent? |
-Plaintiff voluntarily agrees tointerference with their body, land, or chattels -Consent must be free and informed -Consent usuallyrevocable, and can be either: -Express (egsurgeon detailed consent for procedure) -Implied (egnormal hits in hockey game) |
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What is legal authority? |
-Provides a person a lawful rightto act in a certain way - Such as power of arrest by police officer or meter readers entering land toperform job duties |
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What is self defence? |
-Right to protect oneself fromactual and threatened violence -it is a defence to torts of assault andbattery - available only if person atimmediate risk - cannot use more force thannecessary in circumstances -also allowed to defend thirdparty (e.g. parent protecting child) |
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What is the defence of necessity? |
-Defendant’s actions are justifiedby an emergency -Immediate action must be requiredto avoid calamity -eg tearing down house to preventspread of fire |
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What is the defence of contributory negligence? |
- damages reducedto reflect plaintiff’s contribution to harm |
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What is the defence of provocation? |
-consists of words or actions that would cause a reasonable person to lose self-control |
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Name the complete defences for intentional torts. |
-Consent -Legal authority -Self-defence -Necessity |
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Name the partial defences for intentional torts. |
-Provocation -Contributory negligence |
