Exam 4: Intentional Torts

Marco was secretly in love with Kylie, who is his roommate. Each night as she slept, he gently kissed her once on her lips. Kylie became very upset when she learned about Marco's behaviour. She had always regarded him as a good friend, but nothing more. Which of the following statements is TRUE?

Antonia, a businesswoman, was held liable to Romeo for committing an intentional tort. She is very frustrated by that verdict. Discuss the nature of "intention" in the context of intentional torts. Explain why that concept of "intention" creates special problems from a risk management perspective.

Jack and his friends were dining at Daniel's Kentucky Home restaurant. Along with the meal, Jack had ordered several bottles of alcohol for his friends and him to share. When the clock struck midnight, Louella, the waitress who had served Jack's table, correctly informed Jack that she was required by law to remove a bottle of whisky that had been opened, but not consumed. Jack initially protested, but eventually was persuaded by his friends to give up possession of the bottle. He became very angry, however, when Louella returned a few minutes later with the bottle (which she had re- capped) and a bill that included a charge for the whisky in question. Jack angrily refused to pay for the disputed bottle. He stuck his business card onto the bottle with a piece of tape, paid for the rest of the meal, and began to leave. Before he could get out of the restaurant, however, Louella directed several other employees to lock the door. Jack and his friends were able to leave only after the police arrived about an hour later. Which of the following statements is TRUE?

The Scholar's Diner is located at the edge of a college campus. Not surprisingly, most of its customers are college students. And most of those students are law- abiding patrons. There is, however, a substantial number of students who frequently "dine- and- dash." They sneak out the restaurant's back door after they have eaten, but before they have paid for their meals. Lily is one of those students. Which of the following statements is TRUE?

Leah threw a log onto a pathway. As Leah knew, equestrians regularly rode their horses on that pathway. Scott was injured when the horse that he was riding tripped over the log and stumbled to the ground. If the court strictly applies the traditional rules regarding intentional torts, Leah cannot be held liable because Scott's injury was not a direct result of her actions.

Walter is an experienced and highly successful gambler. He is most successful when betting on horse races. Until recently, he frequently placed bets at the Scarborough Downs Race Track. The track's manager, however, ordered her employees to deny Walter entry to the premises. The manager decided that Walter was winning too much money. Which of the following statements is TRUE?

Bridget borrowed a book from Stefano. She later refused to return it to him when he asked. Which of the following statements is TRUE?

Which of the following situations would allow Jocky to successfully sue Lydia for some type of trespass?

Seamus sat drinking in Kitty's Bar for several hours. When Kitty noticed that he had become drunk, she wanted him to leave. Is Kitty entitled to exclude Seamus from her bar if she initially invited him in for a drink? If so, is she entitled to use force to remove him?

Despite the usual terminology, an intentional tort may be committed either intentionally or carelessly in some circumstances.

Serge quickly left a busy sporting goods store looking suspicious and clutching his jacket closed. Myriam approached him and said, "Unless you accompany me back into the store to talk to the manager, we're going to have a real problem." Serge complied with Myriam's request even though she never actually touched him. Myriam later learned that Serge had not stolen anything from the store, nor had he committed any other crime. Can Serge successfully sue Myriam for false imprisonment? Do you require any more information before you answer that question?

Nelson borrowed a computer, free of charge, from Compu- Rent Inc. After Nelson became bankrupt, his trustee in bankruptcy took control of everything that she found on Nelson's premises, including the computer. Compu- Rent has demanded possession of the computer, but the trustee in bankruptcy has refused. Compu- Rent therefore claims that the trustee has committed a tort. Which of the following statements is TRUE?

The Supreme Court of Canada's decision in Aubry v Editions Vice- Versa Inc supports the proposition that

Which of the following situations would most likely allow Brian to successfully sue April for the tort of battery?

Prem bought a radio from Hedy for $75. He paid with a cheque, rather than with cash. When Hedy tried to obtain payment, however, the bank refused to cash the cheque. The bank explained that the cheque was invalid because it was so poorly written that it was largely illegible. Rather than contact Prem, Hedy immediately called the police and said that Prem had committed the crime of fraud by deliberately writing an ineffective cheque. She also suggested that Prem was likely to leave town soon, and that his crime should therefore be addressed promptly. The next day, the bank unexpectedly contacted Hedy and explained that, following its own investigations, it was clear that the defective nature of the cheque was due to Prem's sloppiness, rather than any intentional wrongdoing. Hedy thought about passing that information along to the police, but because she was still angry at Prem for causing such a hassle, she decided to remain silent. Later that same day, a police officer arrived at Prem's house, put him into handcuffs, drove him to a police station, and locked him into a cell. Prem was released several hours later after convincing the arresting officer that while he has dreadful handwriting, he is not a criminal. Upset and embarrassed by the episode, Prem now wants to sue Hedy in tort. Explain whether or not Hedy had committed any of the torts discussed in Chapter 4.

Cassie is an internationally famous model. Her tremendous success is due to a combination of her stunning good looks and the "clean- living" image that she has carefully cultivated. That image was dealt a devastating blow, however, after a newspaper printed a photograph of her emerging from a building, along with a caption that explained that the building belonged to Clean Horizons. The caption further explained that Clean Horizons is a support centre for people who are addicted to various types of illegal drugs. Even though Cassie was photographed in a public place, she may, according to an English court decision, successfully sue for a tort of abuse of private information.

Tobias, a college student, was waiting in line to purchase a textbook at his campus bookstore. He first noticed Marnie, who was standing in a nearby aisle of books, because she is stunningly beautiful. As he watched her, however, he noticed that she was placing a book into her jacket pocket. It seemed to Tobias that Marnie was stealing the book. Xavier, a security guard who works in the store, saw Marnie and thought the same thing. Xavier immediately called over a police officer and explained his suspicion. The police officer then approached Marnie and told her that she was under arrest for theft. When she began to loudly protest her innocence, the officer asked the people in line if they had seen anything unusual. Tobias stepped forward, looked at Marnie, and said sweetly, "Now why would an angel come down here and steal a book?" Marnie, who resents constantly being the focus of unwanted male attention, snapped at Tobias, "Stay out of this, creep!" When it became clear that he would not be winning a date with Marnie, Tobias turned to the police officer and said, "Well, I can't be sure, but it looked to me like she was stealing something." Marnie was then charged with theft. Before the case could get to trial, however, she proved to the police that she had previously purchased the book in question, and that she had never stolen anything from the store. Marnie now wants to sue Tobias for malicious prosecution. She is embarrassed by the whole episode and deeply resents his role in her arrest. Explain whether or not she will succeed in that action.

Regulations are in place at Toronto's Pearson Airport to control the operation of taxi cabs. Daniel simply ignored those regulations. He was a persistent "scooper" who routinely picked up passengers at the airport even though he did not have a permit. He was charged more than twenty times with trespassing, but he simply shrugged off the fines. The airport authorities therefore decided to take more drastic measures. During one of Daniel's frequent visits, an airport inspector attempted to make a citizen's arrest. A scuffle occurred after the inspector put his hand on Daniel's shoulder and tried to detain him. Daniel knocked the inspector down and fled the scene. The airport inspector had acted under s 9(1) of the Trespass to Property Act, which says that a "police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises" improperly. That provision does not expressly allow a citizen to use force during an arrest. In these circumstances, a court will say that

Nick was severely injured after he was physically pulled out of Discount Sound. Which of the following statements is TRUE on the basis of those facts?

Jessica and Nick recently broke off their relationship after living together for several years. While their separation has been largely amicable, Nick is very upset that Jessica took his dog, Blue, with her when she moved out of the house that they had shared. The evidence clearly indicates that Nick had adopted Blue even before he met Jessica, and that both parties considered Blue to be Nick's dog. Jessica nevertheless refuses to part with the animal, although she is willing to buy Nick another dog. Nick intends to sue Jessica for the tort of interference with chattels. If he wants to get Blue, rather than the monetary value of Blue, which tort should he focus upon? What would Nick have to prove to succeed in his claim?