Exam 4: Intentional Torts

Jules and Jim are neighbours. Because their relationship was poor, Jules built a high fence to prevent Jim from looking into his back yard. Although Jules did not realize it at the time, he has since been informed that the fence sits partially on Jim's property. In this situation, the judge may award an injunction that requires Jules to remove the fence from Jim's property, even though Jules did not deliberately commit any tort.

Which of the following statements is TRUE?

What is the right of recaption? When does it arise? What special risk management problem does it create?

Sandra could successfully sue Prem for the tort of

Elliot and Margaret are neighbours. Elliot built a swimming pool in his backyard at a cost of $10

Yvonne used Benoit's bicycle. Which of the following factors would best support Benoit's action in detinue?

Necessity, consent, and provocation are all classified as complete defences.

During a recent incident at a shopping centre, Munier grabbed hold of Ishtla and held her until a police officer arrived. Which of the following statements is TRUE?

Axl was physically detained by two security guards who worked for a department store. Axl is entitled to sue for false imprisonment only if he proves that the security guards knew that he had not committed any crime.

The elements of malicious prosecution include proof that

As a practical joke on April Fools Day, Hannah put a mask over her face, carried a toy gun, and knocked on the door of her good friend, Woody. When Woody opened the door and saw the apparent intruder, he fainted and hit his head on a wall. Hannah may be held liable for assault even though she did not intend to cause any harm to Woody.

In R v Asante- Mensah, the Supreme Court of Canada held that

Orson is one of Hollywood's most successful movie producers. Lana is one of Hollywood's most popular actresses. Naturally, when the couple announced their plans to be married in Orson's palatial home, there was great interest in the wedding. Orson and Lana decided to profit from that interest by selling the rights to photograph the ceremony to Hi! Magazine. Both the magazine and the newlyweds were therefore very upset, two days after the ceremony and a full week before Hi! Magazine was scheduled to runs the photos, to see a set of wedding photos in a rival publication, Okay! Magazine. Okay! Magazine had obtained those photos from a freelance photographer named Cesar. Cesar had sneaked into the wedding, uninvited, by dressing up as a priest. He caught the entire ceremony on film by using a small camera that he had hidden in his priestly frock. Orson now wants to sue the parties that he believes are responsible for ruining "one of the greatest days of my life." Explain whether he can successfully sue for any of the torts discussed in Chapter 4.

The most significant advantage to the tort of detinue is that it gives the plaintiff an absolute right to recover the disputed property, whereas the tort of conversion only allows the plaintiff to recover the monetary value of the disputed property.

The right of recaption is used by a person who wants to recover a piece of land that another person is wrongfully occupying.

After enjoying a meal on the outdoor veranda of a restaurant, Heena paid the amount stated on the bill, put a leash on Pierre, her miniature Chihuahua, and began to leave. At that point, Gaston, the waiter, dashed over to her table and asked why Heena had not left a tip. Heena agreed that the service and food had been excellent, but explained that she is cheap and never leaves a tip. Gaston then grabbed Pierre and refused to give him back unless Heena left a tip. Heena became very distraught, but still refused to leave a tip. The scene lasted for nearly an hour. Heena felt able to leave only after Pierre snapped at Gaston and jumped into Heena's arms. Diners are expected, but not legally required, to leave tips if they enjoy their meals. Which of the following statements is most likely TRUE?

Which of the following statements is TRUE with respect to the concept of invasion of privacy?

Until recently, Aranxta earned a living by taking customers for rides in her vintage bi- plane. She was forced to give up that business, however, after Nadil, who was her primary business competitor, deliberately destroyed her bi- plane. Which of the following statements is TRUE?

Like many students, Dahlia has financial problems. And like many students, she tries to finds ways to make her money go farther. Some of her strategies are better than others. She recently was detained by a security guard after she switched price tags on two pairs of pants, and tried to buy the more expensive pair with the less expensive tag on it. Which of the following statements is TRUE?

George is a famous water- skier. He uses a distinctive photograph of himself water- skiing for commercial purposes. Media Visions Inc, a public relations firm, copied that photo and made a line drawing out of it. It then used that drawing in a brochure that it prepared for an organization that operated summer camps for children. The brochure did not identify George by name. Nor did it try to associate George with the camp. The brochure was merely intended to inform the public that water- skiing was one of the activities that was offered at the summer camps. Nevertheless, anyone who was familiar with George would immediately recognize that his image was on the brochure. Media Visions may be held liable to George on the basis of a tort known as misappropriation of personality.