Exam 4: Intentional Torts

You cannot trespass in a public mall.

Once acquitted of a crime, a person cannot be sued in tort.

Malicious prosecution occurs when a person

Intentionally appropriating the goods of another can give rise to an action in

A civil court can assess only compensation and not punitive damages.

Distinguish between libel and slander.

Distinguish between assault and battery.

Joe went to Sam the barber for a haircut. When Sam finished, Joe looked in the mirror and was horrified; he refused to pay and got up to leave. Sam refused to let him go, this being the third customer that day who tried to get out without paying. He insisted that Joe stay while he phoned the police. Joe did so. When the police arrived and Sam explained the situation to them, they told him that they wouldn't arrest Joe, and Sam would have to pursue some other remedies. Joe later sued Sam for false imprisonment. Explain the likely outcome.

A published false statement that injures the reputation of the person it concerns is called defamation.

Joe wandered onto Sam's land, not realizing that he crossed the property line. Sam found him there and sued him for trespassing. Explain the likely outcome.

Historically, libel was seen as more deliberate and more permanent and therefore more harmful. Today, means of mass communication give slander a potentially huge audience, so the rationale for distinguishing between them is breaking down. Explain how the law is changing in light of this.

Explain the requirements under the Personal Information Protection and Electronic Documents Act.

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade paper of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would not be successful based on these facts.

When a court hears a breach of contract dispute, its job is to

After the Leans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties?

In January, a driver accidentally caused a snowplough to go off the road, crash into a house, and enter the livingroom. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snowplough was charged with the crime of driving while impaired, and convicted, which of the following is true?

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on them. Why is this not a good idea?

A person can be assaulted even when there is no physical contact.

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Businesses that deal directly with the public may find their employees becoming involved in altercations with customers. Explain, providing examples, how these altercations may lead to actions against the business.