Exam 4: Intentional Torts

Justin recently came into physical contact with Sophie.As a result, she has sued him for the tort of battery.With respect to the defence of consent, which of the following statements is most likely to be TRUE?

Raja owns a corner store.Because he had suffered a great deal of theft in recent months, he was eager to catch a thief.He therefore kept an eye on Francine, a young homeless person, after she entered his store and began wandering around in a suspicious manner.Raja immediately summoned a police officer, JD Copper, who was passing nearby.Raja said that he had seen Francine put a pack of gum in her pocket, and he insisted that Francine must be arrested.Because JD (1) knew that Raja had been the victim of numerous thefts, (2) reasonably believed that Raja was telling the truth, and (3) reasonably agreed that Francine was acting in a suspicious manner, JD walked up to Francine and put hand-cuffs on her.Despite her pleas of innocence, Francine was detained at the front of the store, in front of other customers, for fifteen minutes while JD ran a police check on her.JD eventually released Francine after he realized that she had no police record and no stolen merchandise in her pockets.Which of the following statements is most likely to be TRUE?

Walter is an experienced and highly successful gambler.He is most successful when betting on horse races.Until recently, he frequently placed bets at the Scarborough Downs Race Track.The track's manager, however, ordered her employees to deny Walter entry to the premises.The manager decided that Walter was winning too much money.Which of the following statements is TRUE?

Jessica and Nick recently broke off their relationship after living together for a few months.While their separation has been largely amicable, Nick is very upset that Jessica took his dog, Blue, with her when she moved out of the house that they had shared.The evidence clearly indicates that Nick had adopted Blue even before he met Jessica, and that both parties considered Blue to be Nick's dog.Jessica nevertheless refuses to part with the animal, although she is willing to buy Nick another dog.Nick intends to sue Jessica for the tort of interference with chattels.If he wants to get Blue, rather than the monetary value of Blue, which tort should he focus upon? What would Nick have to prove to succeed in his claim?

Shaniqua successfully sued Goldie for false imprisonment.That may be TRUE if

The right of recaption is used by a person who wants to recover a piece of land that another person is wrongfully occupying.

Joe walked into JP's Pets, picked up a hamster that he had fallen in love with during a previous visit to the store, and walked out without even stopping at the cash register.Which of the following statements is TRUE?

Antonia, a businesswoman, was held liable to Romeo for committing an intentional tort.She is very frustrated by that verdict.Discuss the nature of "intention" in the context of intentional torts.Explain why the concept of "intention" creates special problems from a risk management perspective.

Canadian common law does not yet recognize a general, independent tort of invasion of privacy.As Chapter 4 explained, however, several other torts can be used, in certain circumstances, to indirectly protect privacy interests.Identify and briefly explain those torts.

In R v Asante-Mensah, the Supreme Court of Canada held that

Like many students, Dahlia has financial problems.And like many students, she tries to find ways to make her money go further.Some of her strategies are better than others.She recently was detained by a security guard after she switched price tags on two pairs of pants, and tried to buy the more expensive pair with the less expensive tag on it.Which of the following statements is TRUE?

Explain why tort law has been reluctant to create a general tort of invasion of privacy.

List and briefly explain the elements of the tort of malicious prosecution.

Fabrizio works at the Silk Nights Lingerie Shop in Polo Park Shopping Mall in Winnipeg.Despite being the store's leader in sales, he was not Silk Nights's most highly paid employee.In an effort to draw public support for his demand for higher wages, Fabrizio staged a picket inside of the mall when he was not working.Susana, who is employed by the mall as a security guard, was directed to remove Fabrizio from the premises.When he refused to leave voluntarily, she firmly took hold of his arm and led him out onto the street.Which of the following statements is TRUE?

Dawn parked her car on the street outside of her house, but forgot to lock the door.During the night, a habitual criminal named Dick opened the door of Dawn's car and stole some property that was in the glove compartment.The next day, Dick used that stolen property to perform a contract with Serge.Serge had no way of knowing that Dick was a thief.To perform that contract, one of the parties handed over money and the other handed over an iPad.Which of the following statements is most likely to be TRUE?