Exam 4: Intentional Torts

Rocky sued Angela for the tort of malicious prosecution.Even if the other elements of the tort are proven, Angela will not be held liable if she satisfies the court her actions were a product of an honest, though foolish, mistake.

Until recently, Aranxta earned a living by taking customers for rides in her vintage biplane.She was forced to give up that business, however, after Nadil, who was her primary business competitor, deliberately destroyed her biplane.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 were 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.

Which of the following statements is TRUE?

Johan owns an antique chair that has been in his family for generations.During a party at his house, Esther carved her initials into the underside of the chair's seat.She did so because she felt publicly humiliated after Johan had refused to dance with her.The chair has not been destroyed, but it will cost $10 000 to repair the damage.Johan would like to repair and retain the chair.Which of the following statements is TRUE?

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

Marshall is an internationally famous musician.His wedding was one of the best publicized events of the past year.Because of his dislike of the media, however, he strictly forbade anyone other than invited guests from attending the ceremony, which was held within his tightly guarded estate.Despite the presence of dozens of security personnel, however, Kimberley, a freelance photographer, managed to sneak onto Marshall's property and capture the entire wedding on film.If these facts were analyzed from the perspective of the traditional Canadian rules in tort, in a jurisdiction without a statute that creates a tort of invasion of privacy, Kimberley would be be held liable for both a trespass to land and common law invasion of privacy.

Tom and Niki were both bright and ambitious young analysts with Premier Investments Inc.The president announced that they were both under consideration for promotion to vice-president and a hefty increase in salary.Given recent scandals in the financial world, Tom knew that the president was anxious to uphold the company's reputation for honesty.Tom therefore concocted an allegation that Niki had wrongfully diverted client funds to her own personal use.The president immediately fired Niki upon hearing the allegation.It eventually became clear, however, that Tom's allegation was totally false and that Niki had never acted improperly.Niki then sued Tom for malicious prosecution, but her claim was rejected.The judge might properly have found in favour of Tom on the basis that

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

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 20 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 section 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

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?

Anoop owns and operates a movie theatre.Which of the following situations would most likely allow Anoop to successfully sue Samantha for the tort of trespass to land?

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?

Anna believes that Hugh has infringed her right to privacy.He took a photograph of her sunbathing on a secluded beach, and then published it in a magazine.She has sued him.Which of the following statements is TRUE?

Identify, explain, and compare the different torts that fall under the heading of "interference with chattels."

Gary successfully sued Nomi for the tort of battery.That is most likely to be TRUE if

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.

Jules and Jim are neighbours.Because their relationship was poor, Jules built a high fence to prevent Jim from looking into his backyard.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.

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?

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