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. B is liable for trespass by directing the rainwater collected on his roof towards C's property, if he did so with the intention of flooding C's basement.

Darren sells counterfeit Gucci watches on a downtown street corner for $30 each. If asked, he says they are "genuine imitation Guccis."

Smith, a computer programmer with Computer Company, was approached by its largest competitor and asked whether he would like to join it as its head of research. It was made clear that the job was dependent on his bringing with him Computer Company's secret research data. Smith accepted and resigned from Computer Company.

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Andy would be liable for the tort of assault on Baker.

You run a large and lucrative bar and restaurant, and you have just hired a new bouncer. You have explained to him that it is always best to be friendly and to calm angry patrons. Describe to him how far he can go to protect himself if attacked, and why he must learn to control himself when provoked. Explain also how his behaviour, if he assaults a patron, could affect you.

Ms. Winter, an opera singer, consulted with Dr. Brown, an ear-nose-and-throat specialist about polyps in her throat. Dr. Brown recommended an operation, and, when questioned by Ms. Winter as to whether it could affect her voice, told her that he would not do the operation if there was such a risk. In fact, there was one chance in a thousand that she could lose her voice, but Dr. Brown did not tell her because he felt she would overreact, and the polyps, if left, might later lead to serious problems. Dr. Brown performed the operation without negligence. Ms. Winter lost her voice. Ms. Winter can sue Dr. Brown for battery.

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." The entrepreneur would be precluded from seeking damages from the publisher of the newspaper because cartoons are exempt from the defamation laws.

Andy entered a small restaurant and sat on a stool at the lunch counter. Baker entered the restaurant a few moments later and sat down at the lunch counter next to Andy. For no apparent reason, Andy suddenly struck Baker on the side of the head with his fist, knocking Baker to the floor. Baker raised himself from the floor, then seized Andy, and tossed him through the large glass window at the front of the restaurant. Andy was seriously injured and hospitalized as a result of the incident. Baker would not be liable for the injury to Andy, because he had acted in self-defence.

Jim applied for a position with the city's public works department that he had seen advertised in the local newspaper. The advertisement specifically requested experience with heavy machinery, which would be used on a daily basis in this job. Jim did not know how to operate any of the machinery, and in fact, he did not have a valid driver's licence. On his first day at the job Jim caused an accident that will cost the city greatly. Jim's action would constitute deceit under tort law.

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." Statements made at a social club meeting are subject to absolute privilege.

T borrowed D's automobile for the purpose of delivering a parcel to the post office. On his return, T parked D's automobile in his own garage, and refused to return it to D. T is liable for the theft of D's automobile. FALSE

T borrowed D's automobile for the purpose of delivering a parcel to the post office. On his return, T parked D's automobile in his own garage, and refused to return it to D. T's actions constitute conversion and would entitle D to take legal action to recover his automobile. TRUE

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." The newspaper could successfully defend any action taken by the entrepreneur by invoking fair comment.

When a person says "I am going to hit you!" and immediately smacks the other person on the cheek, resulting in a cut, he/she has