Exam 4: Intentional Torts

B and C owned adjacent houses in a subdivision. B's house and lot were located on slightly higher ground than C's, and the natural flow of water was downhill towards C's house. The two houses were separated by a 2.5-metre wide driveway, of which each owned one-half. One day, B changed the location of the eavestrough downspout on his house to direct the flow of water from his roof across the driveway, which sloped towards C's house. The first heavy rain resulted in the flooding of C's basement, because B had directed all of the rain which had collected on his roof towards and into C's basement window. C should have foreseen the entry of the water from B's downspout and dug a ditch to direct it away from his house.

Terry responded to a mail-order advertisement for athletic shoes from a magazine. At a cursory glance the offer featured ACME sports shoes, Terry's favourite, on sale for a low price. Terry had failed to notice that the brand name was, in fact, ACNE. When he received the product Terry was infuriated. After an examination of the ad, Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue. Which of the following is not true?

Annie was furious because the new car she had bought kept breaking down and the dealer would only repair it according to their contract, and not replace it. Annie made a huge yellow lemon-shaped sign and walked up and down outside the dealership. The sign said, "This is what they really sell here." The dealer could sue her in tort and win.

In the Common Law provinces, the limitation period for commencing legal action against governments is set by specific statutes and is usually very short (days or months); but in Quebec, it is even shorter.

As you exit a shopping mall you accidentally run into another person and knock her down. As she leaps to her feet you begin to exchange words that escalate, and you find yourself in physical struggle with the other person. After receiving several blows from her you retaliate by striking her on the head with your umbrella, knocking her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. Write a short decision on this case based on your knowledge and definition of the principles.

At a meeting of a local business club, someone voiced the opinion that the law interferes in business matters too much, and we would all be better off without it. A discussion ensued. Describe, with some examples, what you would say to demonstrate that the legal limitations on the freedom of businesspeople to operate can act to protect the honest businessperson.

An intentional tort exists under which of the following circumstances?

Nadeem was a blogger who provided comments about corporate performance. On his blog he stated that Widget Company was in serious financial trouble and was preparing to lay off 200 employees. The price of Widget Company's stock immediately dropped $1.50. What tort will Widget Company use to bring an action against Nadeem?

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." Defamation may take the form of either libel or slander.

The Patins had been transferred to a new city and had to sell their home before leaving. They received a full price offer which included a warranty that the home had not been insulated with urea formaldehyde. Shortly before closing, the purchasers came by the home to measure the attic opening and discovered that the home was, in fact, insulated with urea formaldehyde. This was unknown to the Patins who had not asked or obtained a warranty when they purchased the home from a construction company several years before. As a result, the purchasers refused to buy the home and the Patins were forced to delay their move and incur considerable expense. The Patins sued the construction company for deceit, claiming that it had induced them to purchase that home but had kept the existence of the insulation secret. The Patins had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties which were not expressly stated in the agreement. Discuss the nature of the Patins' claim and the defences, if any, which might be raised. What would be the likely outcome?

Bob owns a small carpet company. After a dispute, his best salesperson left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesperson who told the client that he had received a product of inferior quality. The former employee also told the client that Bob does this frequently. He has committed a slanderous act which is an intentional tort.

Karim was replacing the light bulb inside of his refrigerator. The bulb was an odd size, so he put it in his coat pocket when he went to Gnome Hardware to purchase a replacement. While standing in front of the light bulb display Karim removed the old light bulb from his pocket to compare it to those for sale. None of the bulbs on display were the same so Karim put the old bulb back into his coat pocket and walked out of the store. When he left the store, a clerk approached him and asked him to go to the manager's office. Can Karim bring a legal action against Gnome Hardware for false imprisonment?

Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel.

Deceit is defined in legal terms as:

Winston regularly takes a shortcut across his neighbour's backyard to shorten his walk home. His wife informed him that she had been told by their neighbour that he does not like Winston taking that shortcut, but Winston says "I'm not doing any damage. There's nothing he can do about it." Winston is wrong.

On the way to work on the bus one morning, Martin was worrying about a personal problem and failed to notice that the bus was pulling into a stop. Since he had not braced himself, he fell against Victor, injuring Victor's eye with his briefcase. Martin has committed the tort of battery.

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Defamatory statements made at social club meeting are generally considered to be less serious than defamatory statements published in a newspaper or magazine.

At a social club meeting that was held to discuss an environmental problem in a community, Brown made a speech in favour of a particular course of action that he thought the club should follow. Smith, who did not like the suggestions made by Brown, also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish." Unless it was true that Brown was an "idiot," Smith made a defamatory statement which slandered Brown's reputation.

Bob owns a small carpet company. After a dispute, his best salesperson left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesperson who told the client that he had received a product of inferior quality. The former employee has committed a slanderous act which is an intentional tort.

The ACME Toaster Company was searching for a supplier of wire heating elements for its toasters. It located the XYZ Element Company which also supplied good quality elements to the Pop-Up Toaster Company, ACME's main competitor. In order to fill ongoing standing orders for elements, XYZ required ACME to complete a credit survey identifying ACME's bank and trade credit references. ACME, which was in financial difficulty, provided a bank account number which actually belonged to the president personally and in which there were substantial deposits. ACME also wrote a letter to the operations manager of XYZ stating that ACME could purchase the entire production of XYZ's elements and that if XYZ would agree to ACME being its exclusive elements customer, ACME would guarantee the purchase of XYZ's annual production at 1% above the price paid by Pop-Up. XYZ was delighted. It informed Pop-Up that it would no longer be able to meet its supply requirements, effective immediately. ACME received its first shipment of elements within a week.