Deck 4: Intentional Torts

Question 1

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.

Answer 1

False

Question 2

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

A)April smashed a bottle against Brian's car while he was asleep in his bed.
B)April aimed a loaded gun at the back of Brian's head without his knowledge.
C)April used a knife to slice a hole in a shirt that Brian was wearing.
D)After Brian was brought into a hospital in an unconscious condition, April, who is a surgeon, performed a life-saving operation that Brian would have requested if he had been conscious.
E)April, who is a security guard, gently tapped Brian on his shoulder to get his attention during a consensual fight between April and Brian.

Answer 2

April used a knife to slice a hole in a shirt that Brian was wearing.

Question 3

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.

Answer 3

False

Question 4

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.

Question 5

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

Question 6

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.

Question 7

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.

Question 8

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.

Question 9

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

Question 10

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

A)Joe intended to cause harm.
B)Joe intended to commit some tort, even if it is not the same tort that he actually committed.
C)Joe knew that the tort in question existed, even if he did not intend to commit it.
D)Joe intended to act in a certain way, even if he did not know that that action was wrongful.
E)Joe had previously promised Maureen that he would not act in a particular way.

Question 11

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.

Question 12

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.

Question 13

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.

Question 14

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

Question 15

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?

A)Marco has not committed the tort of battery because Kylie was asleep when he kissed her.
B)Marco has not committed the tort of battery because Kylie did not suffer any physical injury as a result of being kissed.
C)Marco has committed the tort of battery even though Kylie was asleep when he kissed her.
D)Marco has not committed the tort of assault because Kylie did not suffer any physical injury as a result of being kissed.
E)Marco has not committed any tort because Kylie was his roommate and because his actions therefore were merely normal social interaction.

Question 16

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.

Question 17

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.

Question 18

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

A)Mila ate a peanut butter sandwich, not knowing that Derek, who was sitting nearby, was terrified because he has a life-threatening allergy to peanuts.
B)Mila angrily pointed a gun at Derek, which she thought was loaded, but which Derek knew was a completely harmless toy.
C)Mila put poison into Derek's meal without his knowledge.
D)Mila told Derek that she would kill him at the end of one year if he did not pay $100 000 to her in the meantime.
E)Mila angrily swung her fist at Derek, but did not actually hit him.

Question 19

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?

A)Joyce has committed the tort of detinue.
B)A court would probably award Francisco nominal damages worth $1000.
C)Francisco should exercise a right of recaption.
D)Joyce has committed the tort of battery because she made offensive contact with Francisco's personal belongings.
E)Joyce has committed a tort in connection with Francisco's chattel.

Question 20

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.

Question 21

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?

A)Margaret is entitled to compensatory damages of $15 000.
B)Margaret is entitled to compensatory damages of $10 000.
C)Margaret is entitled to compensatory damages of $7000.
D)Margaret is entitled to receive an injunction even if she consented to the location of Elliot's pool.
E)Even though Elliot's pool trespasses on Margaret's property, a court will likely not award an injunction to Margaret, especially if Elliot did not deliberately commit the tort and Elliot agrees to rebuild the pool to remove the trespass.

Question 22

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

A)a man may be awarded compensation if, without permission, a company reveals that it surgically attached a hairpiece to his scalp.
B)a company that publishes photographs may need to secure consent of a person who appears in a photograph taken in Quebec.
C)damages may be awarded if a company creates an advertisement that uses a celebrity's image without permission.
D)a newspaper may be held liable for printing a photograph of a celebrity and truthfully explaining that it was shot as he was leaving a drug rehabilitation facility.
E)a person who commits the crime of voyeurism can also be held liable for the tort of invasion of privacy.

Question 23

Which of the following statements is TRUE?

A)Chattels are immoveable forms of personal property.
B)A trespass to chattels requires proof that the plaintiff's property was damaged.
C)The tort of conversion usually leads to a forced sale in that the defendant is compelled to pay damages to the victim equal to the market value of the property converted.
D)The tort of detinue can never be committed unless the plaintiff first asks the defendant to voluntarily return the disputed property.
E)The right of recaption only applies to the recovery of land.

Question 24

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?

A)If Svend destroyed a machine belonging to Xarol, he may be liable for the tort of trespass to chattels or for the tort of conversion.
B)Svend can be held liable for the tort of conversion only if he converted the equipment to his own use by taking it with the intention of keeping it.
C)Svend cannot be held liable for trespass to chattels if he took equipment that he found on public land, rather than private property.
D)Svend may be held liable for the tort of detinue if he destroyed equipment by setting it on fire.
E)If Xarol sues for interference with chattels, Svend will entirely escape liability under the defence of provocation if he proves that he was genuinely worried about the forest

Question 25

Which of the following statements is TRUE?

A)The right of recaption cannot be used if it would require the use of any force whatsoever.
B)A business cannot exercise the right to remove an unwelcome customer if it would require the use of any force whatsoever.
C)The tort of false imprisonment always involves a tort of battery as well.
D)The tort of false imprisonment can only be committed by a police officer or a security guard.
E)Even if it did not commit a false imprisonment, a defendant may be liable for malicious prosecution if, for some improper and malicious purpose, it wrongly persuaded the government to bring criminal proceedings against the plaintiff.

Question 26

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?

A)Nick cannot possibly succeed in an action for battery if he was trespassing in Discount Sound at the time of injury.
B)Nick cannot possibly succeed in an action for battery if he was physically pulled from the store by a police officer.
C)Nick can succeed in an action for false imprisonment if he was removed from Discount Sound by an employee of the store who had wrongfully accused Nick of trying to steal a Cd.
D)Nick cannot possibly succeed in an action for battery if the person who pushed him out of Discount Sound made contact with Nick's jacket but not with his skin.
E)Nick may be entitled to collect damages even if a store employee used reasonable force in removing him from the premises.

Question 27

Which of the following statements is TRUE?

A)A false imprisonment occurs even if the alleged victim could easily escape.
B)A false imprisonment usually occurs though the victim consented to being detained.
C)False imprisonment is just one type of a larger tort that is known as malicious prosecution.
D)A restaurant generally has the authority to detain a customer who honestly disputes a bill.
E)A storekeeper may in certain circumstances commit the tort of false imprisonment by directing the police to detain a suspected shoplifter, even if the storekeeper does not personally detain the suspect.

Question 28

Gary successfully sued Nomi for the tort of battery.That is most likely to be TRUE if
A.Nomi threatened to kiss Gary against his wishes, but did not actually do so.
B.Nomi saved Gary's life by performing a blood transfusion.Although Nomi had no way of knowing Gary's wishes, his religious beliefs actually prohibit blood transfusions.
C.Nomi threw a cup of hot coffee on a jacket that Gary had hung on a coat rack.
D.Nomi verbally abused Gary to the point where he tried to kill himself in order to get some relief.
E.Nomi shot Gary in broad daylight, as he walked into her house without previous invitation, even though he obviously was so drunk that he was harmless.

Question 29

Which of the following situations would allow Dudley to successfully sue Inga for the tort of false imprisonment?
A.Inga, who works as a security guard in a store, physically detained Dudley after she caught him shoplifting and Dudley consented to that detention.
B.Inga, who works as a security guard in a store, verbally coerced Dudley, who thought he had no option, into remaining in a back room after she reasonably, but incorrectly, suspected him of shoplifting.
C.Dudley was detained by the police after Inga, who works as a security guard in a store, honestly, but incorrectly told the police that Dudley was shoplifting.
D.Inga, who works as a police officer, detained Dudley after she reasonably, but incorrectly, suspected him of shoplifting.
E.Inga, a bus driver, refused to make an unscheduled stop for Dudley, even though she easily could have done so.

Question 30

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?

A)If the store sues for the tort of conversion, the court will automatically order Joe to return the hamster.
B)If an employee of the store ran after Joe and grabbed the hamster, that employee will have committed an act of recaption.
C)If the store wants to recover the hamster, rather than the value of the hamster, it should sue for the tort of trespass.
D)If Joe accidentally hurts the hamster while running away from the store, he will be held liable for battery.
E)The store has accused Joe of "detinue," which is from the French word "detenure," which refers to animals that were taken from nature.

Question 31

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?

A)Samantha, who works for a utility company, walked around the property during the day while the theatre was not open, and without Anoop's knowledge, in search of a gas meter.
B)Samantha, who had shown her ticket to one of Anoop's employees when she entered the theatre, refused to show her ticket again when leaving the theatre.
C)Samantha talked very loudly during a movie, disrupting the showing of the movie to the extent the movie show could not carry on.Then she refused to leave after Anoop lawfully asked her to do so and offered to refund the price of her ticket to her.
D)Samantha, who had purchased a ticket, refused to accept a refund and leave after Anoop asked her to do so because he objected to her religious beliefs.
E)Samantha walked up to the front of the theatre to see the movie posters even though Anoop had not expressly given his permission for her to do so.

Question 32

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?

A)Hugh has committed the tort of conversion because he turned Anna's image into a profit-making scheme.
B)Every province and territory in Canada has a privacy statute that would allow Anna to successfully sue Hugh for damages.
C)Hugh has committed the tort of trespass to person.
D)Hugh has committed the tort of false imprisonment if Anna is so embarrassed by the photograph that she refuses to leave her house.
E)Unless the facts occurred in Quebec, Anna may have to persuade the court to adopt the decision in Aubry v Éditions Vice-Versa Inc.

Question 33

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?

A)For remedial purposes, Johan should sue for the tort of detinue.
B)For remedial purposes, Johan must sue for the tort of conversion.
C)For remedial purposes, Johan should sue for the tort of trespass to chattels.
D)Johan should ask the court to award an injunction.
E)Because the damage can be repaired, Esther cannot be held liable for punitive damages.

Question 34

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?

A)Cooper cannot successfully sue for damages because it did not notify Roark of the problem until after the building was completed.
B)A court almost certainly will grant an injunction that requires Roark to demolish its building and start the construction project over again.
C)Roark may be held liable for an intentional tort even though it did not intend to commit any tort at all.
D)Roark will be held liable for a trespass to land only if it unreasonably failed to check the documents at the land titles office.
E)Because Roark committed an honest, though foolish, mistake the court will likely award punitive damages to Cooper.

Question 35

Which of the following situations would allow Jocky to successfully sue Lydia for some type of trespass?
A.Lydia took a photograph of Jocky without his permission.
B.Lydia, who works for the city as a meter reader, walked into Jocky's backyard even though he had not given her permission to do so.
C.Without actually entering the physical premises, Lydia painted a picture of Jocky's mansion without his permission.
D.Lydia, who is a police officer, entered Jocky's house to perform a search warrant.
E.Lydia installed a pool in Jocky's backyard while he was on vacation because she mistook his house for the house of his neighbour, who had requested the pool.

Question 36

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?

A)The receiver is not liable for conversion unless she claims that she personally owns the computer.
B)The receiver committed the tort of conversion as soon as she touched the computer.
C)If the receiver has committed the tort of conversion against the computer, it will likely be treated as if she had purchased the thing.
D)If Compu-Rent sues for the tort of trespass to chattels, a judge will almost certainly order the receiver to return the computer to the plaintiff.
E)If Compu-Rent asks for a right of recaption, the court will order the receiver to return the computer to the plaintiff.

Question 37

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

A)If Stefano wants to get the book back, he should sue for the tort of recaption.
B)If Stefano sues for the tort of detinue, he will receive damages only if Bridget damaged the book in some way.
C)If Stefano sues for the tort of detinue, the court may order Bridget to pay damages equal to the value of the book.
D)If Stefano sues for the tort of conversion, he will succeed only if Bridget claimed to be the true owner of the book.
E)If Stefano sues Bridget for both conversion and detinue, he may be entitled to receive compensatory damages representing twice the book's value.

Question 38

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

A)Yvonne honestly believed that the bike belonged to her.
B)Yvonne used the bike only once and only because there was an emergency.
C)Yvonne did not cause any damage to the bike.
D)Yvonne has refused to return the bike to Benoit even though he has sued her for its return.
E)Benoit had intended to sell the bike to his brother.

Question 39

Sandra could successfully sue Prem for the tort of

A)false imprisonment if he refused to let her into his store.
B)invasion of privacy by common law tort, if he told a newspaper secret information that she had disclosed to him.
C)battery if he spit on her.
D)trespass of image if, without her authority, he used a picture of her to attract customers to his store even though Sandra is not in any way a celebrity.
E)detinue if he refused to leave her land after she asked him to do so.

Question 40

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?

A)A court would likely order Nadil to transfer ownership of his biplane to Aranxta.
B)Nadil has committed the tort of detinue.
C)Nadil may be held liable for both compensatory and punitive damages.
D)Aranxta may sue for trespass but not for conversion.
E)Aranxta will likely receive nominal damages if she takes her case to court.

Question 41

Which of the following statements is TRUE with respect to the concept of invasion of privacy?
A.Although privacy rights may be indirectly protected in certain circumstances, the Supreme Court of Canada has not yet recognized a general tort of invasion of privacy that applies across the country.
B.Although a number of Canadian legislatures have considered the possibility, none have created a statutory action for invasion of privacy.
C.Statutes that create causes of action for invasion of privacy usually impose liability only if the defendant knew, or should have known, that it was violating the plaintiff's privacy rights.
D.The Canadian Charter of Rights and Freedoms creates a cause of action for invasion of privacy.
E.A distinct tort of invasion of privacy can be created by a legislature but not by a court.

Question 42

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?

A)Joanna will be protected by the defence of legal authority as long as Conor was on her property and she had previously asked him to leave.
B)If Joanna successfully argues self-defence, the court will award damages against her after it apportions blame between her and Conor.
C)Joanna can successfully plead self-defence only if she feared that Conor was likely to hurt her personally.
D)Joanna may have a complete defence if she honestly, but mistakenly, believed that Conor was about to injure her husband.
E)If the court decides that Conor provoked Joanna, his claim must fail entirely.

Question 43

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?

A)Michelle's behaviour amounts to the tort of assault as long as it caused Brian to fear that his financial records might be made public.
B)Michelle's behaviour in viewing Brian's records amounts to the tort of voyeurism according to s 162 of the Criminal Code.
C)Michelle's behaviour amounts to the tort of intrusion upon seclusion according to the case of Jones v Tsige.
D)Michelle's behaviour amounts to the tort of conversion.
E)Michelle's behaviour amounts to the tort of misappropriation of personality if she pretended to be Brian in order to access his records.

Question 44

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

A)All of the defences that are available in response to a claim for an intentional tort operate by proving that the defendant lacked the required intent.
B)Because the intentional torts require proof of the tortfeasor's intention, defendants most often avoid liability by pleading the defence of mistake.
C)Although both may be used in response to the plaintiff's aggression, self-defence is a complete defence but provocation is a partial defence.
D)Contributory negligence, consent, and necessity are all complete defences.
E)The defence of contributory negligence is available in response to a claim in negligence, but not to a claim for an intentional tort.

Question 45

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?

A)Gaston acted lawfully as long as he reasonably believed that Heena was legally obligated to leave a tip.
B)Gaston committed the tort of false imprisonment against Heena.
C)Because he grabbed a living creature, rather than an inanimate object, Gaston cannot be held liable for trespass to chattels, conversion, or detinue.
D)By remaining on the premises after she had finished her meal, Heena committed the tort of trespass to land.
E)To prove the tort of false imprisonment, Heena must show, amongst other things, that she did not commit any crime or tort during the entire episode.

Question 46

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

A)Goldie, a security expert at an airport, detained Shaniqua and searched through her carry-on luggage, even though Shaniqua was not actually carrying anything improper.
B)Goldie, a car park attendant, refused to let Shaniqua drive her car out of the parking lot, even though Shaniqua had demonstrated that she had lost her wallet and did not have any money to pay the parking fee.
C)Goldie, a practical joker, tricked Shaniqua into a boat, and then cut the boat loose from the dock and thereby causing it to quickly drift into deep water, despite knowing that Shaniqua could not swim.
D)Goldie, the foreman at a construction site, would not send an elevator up to collect Shaniqua at the top of a construction platform until the time for a coffee break arrived, even though Shaniqua wanted to quit her job immediately.
E)a police officer arrested Shaniqua, even though she did not actually commit any crime, after Goldie, a store manager, honestly stated a set of facts that led her to believe that Shaniqua had stolen something.

Question 47

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?

A)Raja may be held liable to Francine for malicious prosecution.
B)Raja may be held liable to Francine for false imprisonment even though he personally never touched or talked to her.
C)JD may be held liable to Francine for false arrest.
D)JD may be held liable to Francine for battery.
E)Raja may be liable to JD for malicious prosecution.

Question 48

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?

A)Dahlia has committed a crime.
B)Dahlia was lawfully entitled to resist the security guard's attempt to detain her.
C)Dahlia committed the tort of trespass to chattels as soon as she touched the pair of pants.
D)Courts usually award injunctions in this sort of case.
E)Dahlia can avoid liability in tort as long as she pays the proper price before the court delivers judgment in her case.

Question 49

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?
A.If Lily is caught sneaking out the back door, the restaurant will be entitled to sue her for breach of contract, but it will not be entitled to detain her.
B.If Lily is convicted of a crime, she cannot also be held liable in private law.
C.If Lily is caught sneaking out the back door, she may be arrested by a police officer but not by one of the restaurant's employees.
D.If Lily is held liable in tort, she cannot later be charged with a crime in connection with the same events.
E.If Lily is caught sneaking out the back door of the diner, she may be lawfully arrested by one of the restaurant's employees or by another diner.

Question 50

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?

A)If the physical contact consisted of sexual intercourse, Justin will be held liable unless he proves consent, even if he and Sophie were married at the time of the event.
B)If the physical contact consisted of life-saving surgery, Justin cannot be held liable, even if Sophie refused to consent to the operation, because the law holds that life is always sacred.
C)If the physical contact consisted of rough play during a soccer match, Justin cannot possibly be held liable as long as Sophie freely chose to participate in the game.
D)If the physical contact consisted of medical treatment, Justin cannot be held liable as long as most reasonable people in Sophie's position would have consented to the procedure.
E)Because the law considers freedom of choice to be of the utmost importance, Justin can escape liability on the basis of the defence of consent only if Sophie expressly agreed to accept the physical and legal risks associated with the circumstances.

Question 51

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?

A)As long as he honestly had no reason to believe that Dick was a thief, Serge cannot be held liable to Dawn.
B)Even if he honestly had no reason to believe that Dick was a thief, Serge can be held liable to Dawn if the property that Dick stole from Dawn's car was the iPad.
C)Even if he honestly had no reason to believe that Dick was a thief, Serge can be held liable to Dawn if the property that Dick stole from Dawn's car was the cash.
D)Even if he honestly had no reason to believe that Dick was a thief, Serge can be held liable to Dawn whether the property that Dick stole from Dawn's car was either the iPad or the cash.
E)Even if both men committed torts, Dawn is entitled to sue Dick or Serge, but not both.

Question 52

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

A)a trespass to land occurs only if the visitor committed a crime.
B)because trespass to land is an equitable tort, the plaintiff may be entitled to an injunction.
C)the tort of false imprisonment requires proof that the defendant did not have a reasonable means of escape.
D)an occupier may be entitled to use reasonable force to arrest a trespasser.
E)the tort of trespass to land may be committed if the defendant psychologically detains the plaintiff.

Question 53

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

A)Tom's primary motivation was to hurt Niki rather than help himself.
B)the truth came to light before Niki had been charged with any crime and no criminal charges were filed.
C)company records showed that Tom was a better employee than Niki.
D)Niki had committed fraud while working for another company years earlier, even though Tom knew that she was not guilty of the crime that he alleged.
E)Tom's primary motivation was to help himself and not to hurt Niki.

Question 54

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

A)since the legislation did not expressly allow for the use of force, Daniel was entitled to forcefully resist the attempted arrest.
B)the airport inspector committed the tort of battery.
C)the airport inspector briefly committed the tort of false imprisonment.
D)because of the existence of the statute, the common law rules of tort are irrelevant.
E)the case is governed by R v Asante-Mensah.

Question 55

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?

A)If Munier is a security guard, he cannot be held liable for false arrest as long as he reasonably believed that Ishtla had committed a crime, even if Ishtla had not done so.
B)If Munier is a police officer, he will be held liable for a false arrest unless Ishtla actually committed a crime.
C)If Munier was another shopper, he cannot be held liable for false arrest, even if Ishtla had not committed a crime, as long as he reasonably believed that she had committed a crime and she was being pursued by a police officer.
D)If Munier owned a store, and he reasonably believed that Ishtla had stolen some of his merchandise, he cannot be held liable for false arrest, even if Ishtla had not committed a crime.
E)Munier will be held liable for malicious prosecution as long as a court decides, after a full trial, that Ishtla did nothing wrong.

Question 56

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?

A)Susana is liable for the tort of battery.
B)Susana was entitled to use reasonable force to remove Fabrizio from the premises.
C)Fabrizio cannot be held liable for the tort of trespass to land because he is an employee of Silk Nights.
D)Fabrizio was entitled to use reasonable force to resist Susana's efforts to remove him from the premises.
E)Susana, as a security guard, generally has the same rights and responsibilities as a police officer.

Question 57

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?

A)Jorge will likely be held liable for nominal damages and punitive damages.
B)The arrest was lawful as long as the security guard reasonably believed that Jorge was a trespasser.
C)The team will be liable for the tort of false imprisonment if it wrongfully prevented Jorge from returning to his seat.
D)Jorge did not commit a tort by refusing to show the attendant his ticket.
E)If the court finds that Jorge was a trespasser, he cannot possibly recover damages unless the defendant's behaviour caused him to suffer physical injuries.

Question 58

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?

A)Jack is guilty of the tort of conversion as a result of his actions with the bottle.
B)Louella is liable for the tort of false imprisonment.
C)Louella was entitled to detain Jack until he paid the entire bill.
D)Louella is liable for the tort of assault.
E)Louella almost certainly is liable for malicious prosecution.

Question 59

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?

A)The race track has no right to exclude Walter from its premises.
B)As long as it is owned by a private company, the race track has the right to exclude Walter from its premises, even if it does so because it objects to the colour of his skin.
C)Once the race track invites Walter onto its premises, it can ask him to leave only if he commits a crime.
D)If Walter sneaks into the premises, the race track can remove him using whatever force is required to accomplish the task.
E)If Walter is told not to enter the premises and continues to sneak into the race track, a judge might award an injunction against him.

Question 60

The elements of malicious prosecution include proof that

A)the defendant had committed the crime that the plaintiff had been accused of committing.
B)the defendant was a police officer or an officer of the court.
C)the defendant either wrongfully detained the plaintiff or caused the police to wrongfully detain the plaintiff.
D)the defendant maliciously caused the plaintiff to be sued.
E)the plaintiff was acquitted of the alleged crime.

Question 61

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.

Question 62

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.

Question 63

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

Question 64

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.

Question 65

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.

Question 66

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.

Question 67

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.

Question 68

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

Question 69

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.

Question 70

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

Question 71

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?

Question 72

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

Question 73

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?

Question 74

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

Question 75

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?