Exam 4: Intentional Torts

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

Elliot and Margaret are neighbours.Elliot built a swimming pool in his backyard at a cost of $10 000.That pool increased the value of Elliot's property by $15 000.One side of that pool extends 1 metre onto Margaret's property.It would cost $7000 to rebuild the pool so that it does not touch Margaret's land.Which of the following statements is TRUE?

Zirka owns a vacant piece of land.Without her consent or knowledge, Jonathan has been using that property as a motorcycle race course.She can sue him for both trespass and conversion.

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

Within the context of defences, which of the following statements is entirely TRUE?

Which of the following statements is TRUE?

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 psychologically only able to leave the restaurant 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?

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.

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

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

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 recapped) 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?

Herman has committed the tort of trespass to land against Sonia.Explain the nature of trespass to land, list four remedies that Sonia might receive, and briefly identify situations in which each remedy would be appropriate.

Svend works for Save-the-Forest, a non-profit organization aimed at stopping logging operations in the interior of British Columbia.The organization has said that it will use "any means necessary" to achieve its goals.One common tactic is to steal, damage, or destroy logging trucks and equipment.Svend recently was caught carrying out acts of sabotage against equipment that belongs to Xarol Logging Inc.Which of the following statements is TRUE?

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, charged Prem with fraud, and locked him into a cell to await bail.Prem was released several hours later after convincing the arresting officer that while he has dreadful handwriting, he is not a criminal. The police dropped the charges in that they did not forward the charges to crown counsel for approval.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.

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

The Scholar's Diner is located at the edge of a college campus in Ontario.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?

Which of the following statements is TRUE?

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

Which tort leads to the remedy of a "forced sale"? What is the justification for that remedy?

Michelle works at a bank in a small town.During her lunch breaks, she enjoys searching for her old high school classmates on the Internet.Last week, for a change of pace, she decided to search the bank's computer files instead.By doing so, she learned that her first boyfriend, Brian, had fallen on hard times.When he failed to pay his mortgage, the bank foreclosed on his house.He is hopelessly overdrawn on his chequing account and he appears to be on the verge of bankruptcy.Consequently, although they had not spoken in twenty years, Michelle telephoned Brian and asked why his life had fallen apart.Brian is furious with Michelle and wants to sue her in tort.Which of the following statements is most likely to be TRUE?