Exam 4: Intentional Interference

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.

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 rain water collected on his roof towards C's property, if he did so with the intention of flooding C's basement.

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.

Which of the following fact patterns does NOT constitute trespass?

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. C should have foreseen the entry of the water from B's downspout, and dug a ditch to direct it away from his house.

Peter, a professional water skier, was very prominent in his field, having won numerous international championships prior to turning professional. As part of his work he was himself actively involved in promoting and marketing his name and reputation for commercial benefits. Waterski Summer Camps Inc. operated a summer camp for children at which water-skiing was a central part of its camp program. In February, the camp hired ABC Advertising Co. to prepare promotional material for the summer camp. At this time it attempted to engage Peter to promote and participate in the summer camp. However, due to other engagements and a busy summer work schedule, Peter refused. In connection with Peter's promotional activities he frequently used a famous photograph of himself skiing. ABC Advertising prepared without Peter's consent a live drawing stylisation of this photograph. There was a striking similarity between the drawing and the well-known photograph of Peter. It used the drawing in a pamphlet and advertisement prepared to promote the camp. The camp's general manager approved the use of the drawings in the advertising material. When Peter discovered the drawing, he confronted the camp about its use. The manager stated that the camp did not intend to represent Peter in the drawing, rather to convey the impression of water-skiing. Peter instituted legal proceedings against the camp and the advertising company. Discuss the basis of his claim and the arguments he may use.

Bob owns a small carpet company. After a dispute, his best salesman left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman who told the client that he had received a product of inferior quality. The former employee also told the client that Bob does this frequently. He has committed a slanderous act which is an intentional tort.

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." Defamation may take the form of either libel or slander.

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 his battery of Baker

Winston regularly takes a shortcut across his neighbour's backyard to shorten his walk home. His wife informed him that she had been told by their neighbour that he does not like Winston taking that shortcut, but Winston says "I'm not doing any damage. There's nothing he can do about it." Winston is wrong.

Nadeem was a blogger who provided comments about corporate performance. On his blog he stated that Widget Company was in serious financial trouble and was preparing to lay off 200 employees. The price of Widget Company's stock immediately dropped $1.50. What tort will Widget Company use to bring an action against Nadeem?

Annie was furious because the new car she had bought kept breaking down and the dealer would only repair it according to their contract, and not replace it. Annie made a huge yellow lemon-shaped sign, and walked up and down outside the dealership. The sign said "This is what they really sell here." The dealer could sue her in tort and win.

Rashid saw the accident referred to in Question 32. He told Charles that he would testify that Francine had been over the white line and had backed up into Charles, if Charles paid him $200. Charles agreed. The police can prove Rashid is lying.

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." Defamatory statements made at social club meeting are generally considered to be less serious than defamatory statements published in a newspaper or magazine.

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.

Bob owns a small carpet company. After a dispute, his best salesman left the company and was hired by a competitor. A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman who told the client that he had received a product of inferior quality. The former employee has committed a slanderous act which is an intentional tort.

Terry responded to a mail-order advertisement for athletic shoes from a magazine. At a cursory glance the offer featured ACME sports shoes, Terry's favourite, on sale for a low price. Terry had failed to notice that the brand name was, in fact, ACNE. When he received the product Terry was infuriated. After an examination of the ad, Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue. Which of the following is not true?

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. Conversion is an actionable tort.

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.

George borrowed a very valuable art book from the library. He liked it so much that he decided to pay the $20 maximum fine and keep the book. The library is entitled to damages equal to the value of the book since George has committed the tort of conversion.