Exam 4: Intentional Torts

Conor is a notoriously angry and violent man.He recently became involved in a disagreement with his neighbours regarding loud, drunken parties that he frequently hosts in his house.During an argument about that issue, Joanna, who lives next door to Conor, cracked the back of his head with a garden hoe.As a result, Conor has sued Joanna for the tort of battery.Which of the following statements is most likely to be TRUE?

The Sports Gambling Network (SGN) is a network of radio stations targeted at the growing number of people who are interested in sports or betting or both.Because it is quite new, SGN does not have the financial resources that are available to some of its competitors.The network consequently tries to minimize expenses whenever possible.It recently formulated a plan for broadcasting live sporting events without paying licensing fees to the teams, leagues, and organizations that are involved in those events.SGN's goal is to acquire (either by purchasing or leasing) properties located near outdoor stadiums and race tracks, to erect observation towers on those properties, and to then broadcast live transmissions of those events.The Association of Professional Sporting Leagues (the APSL) has learned of SGN's plan and intends to vigorously oppose it.The Association is worried that if SGN is able to broadcast sporting events without first obtaining licences from the relevant teams or leagues, other broadcasters would not be willing to pay substantial amounts for the right to broadcast those same games.The APSL's position is based in part on its argument that SGN's plan necessarily involves the commission of several torts.Is that "true"? Explain whether or not, in carrying out its plan, SGN would commit any of the torts discussed in Chapter 4.

Maureen alleges that Joe committed an intentional tort against her.To succeed in that claim, Maureen must satisfy the court that

Serge quickly left a busy sporting goods store looking suspicious and clutching his jacket closed.Myriam approached him and said, "Unless you accompany me back into the store to talk to the manager, we're going to have a real problem." Serge complied with Myriam's request even though she never actually touched him.Myriam later learned that Serge had not stolen anything from the store, nor had he committed any other crime.Can Serge successfully sue Myriam for false imprisonment? Do you require any more information before you answer that question?

Roark Construction Inc built a new high-rise apartment building on a piece of land that it called Randville.Six months after the building was completed, Cooper, the owner of the neighbouring property, proved on the basis of records and documents at the land titles office that Roark's new building extended 1 metre over the boundary between the two properties, and therefore is partially located on Cooper's property.Roark was entirely unaware of that fact during the construction process.Which of the following statements is TRUE?

Tobias, a college student, was waiting in line to purchase a textbook at his campus bookstore.He first noticed Marnie, who was standing in a nearby aisle of books, because she is stunningly beautiful.As he watched her, however, he noticed that she was placing a book into her jacket pocket.It seemed to Tobias that Marnie was stealing the book.Xavier, a security guard who works in the store, saw Marnie and thought the same thing.Xavier immediately called over a police officer and explained his suspicion.The police officer then approached Marnie and told her that she was under arrest for theft.When she began to loudly protest her innocence, the officer asked the people in line if they had seen anything unusual.Tobias stepped forward, looked at Marnie, and said sweetly, "Now why would an angel come down here and steal a book?" Marnie, who resents constantly being the focus of unwanted male attention, snapped at Tobias, "Stay out of this, creep!" When it became clear that he would not be winning a date with Marnie, Tobias turned to the police officer and said, "Well, I can't be sure, but it looked to me like she was stealing something." Marnie was then charged with theft.Before the case could get to trial, however, she proved to the police that she had previously purchased the book in question, and that she had never stolen anything from the store.Marnie now wants to sue Tobias for malicious prosecution.She is embarrassed by the whole episode and deeply resents his role in her arrest.Explain whether or not she will succeed in that action.

Detlef, who was shopping in a store, was approached by two security guards who asked him to accompany them to a back room "to see the manager." When he asked the purpose for the request, he was told that he was "under suspicion." Detlef complied with the request because he wanted to avoid a public spectacle.He will not be able to successfully sue the security guards or the store unless he proves that someone, at some point, made physical contact with him.

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

The defendant will be held liable for the tort of assault as long as the court is satisfied that the plaintiff believed that offensive bodily contact was imminent even though that belief was unreasonable.

Which of the following situations would allow Dudley to successfully sue Inga for the tort of false imprisonment?

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

Jorge bought a ticket to see the Blue Jays in the SkyDome.During the game, he left his seat and visited a restaurant in the stadium.When he left the restaurant and tried to return to his seat, he was asked by one of the team's attendants to show his ticket.He refused.The dispute escalated.He was then arrested by one of the team's security guards.That arrest purportedly occurred under the Trespass to Property Act.That Act states that an offence is committed if a person who is "not acting under a right or authority conferred by law" refuses to leave a property after being asked to do so.Jorge subsequently sued the baseball team in tort.The main issue at trial was whether or not Jorge was entitled to remain in the stadium without showing his ticket.Which of the following statements is TRUE?

Which of the following situations is most likely to allow Derek to successfully sue Mila for the tort of assault?

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.

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

Francisco parked his car on a street and went shopping.While he was away, Joyce damaged Francisco's car by scratching it with a set of keys.Before she did so, the car was worth $5000.Afterwards, it was worth $4000.Which of the following statements is TRUE?

Fabio is a small-time criminal.In order to rob Gigi's house, he called her on the telephone, pretended to be a police officer, and falsely told her that her son had been admitted to a hospital with a life-threatening injuries.When she frantically made her way to the hospital, Fabio broke into her house and stole her valuable goods.Among the causes of action that Gigi may pursue, she likely has a good claim against Fabio for the tort that was first recognized in Wilkinson v Downton.

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 robe.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.

Sandra could successfully sue Prem for the tort of