Question 1

Herman has committed the tort of trespass to land against Sonia.List four remedies that Sonia might receive and briefly explain a situation in which each would be appropriate.

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Question 2

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 correct? Explain whether or not,in carrying out its plan,SGN would commit any of the torts discussed in Chapter 4.

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Question 3

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?

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Question 4

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?

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Question 5

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

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Question 6

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

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Question 7

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?

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Question 8

JL's winery provides wine bottles to its customers which they can refill by bringing the bottles back to JL's winery.JL's retained ownership of the bottles and informed its customers that the bottles could only be used for the consumption of JL's wine.Smith had its own bar and put wine other than JL's wine in the bottles.JL sued Smith in tort.Which tort was committed by Smith?

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Question 9

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.

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Question 10

In a bar fight,Morpheus,without trying to hit Neo himself,tells Neo to stop trying to hit him and hit him.Neo then hits him very hard,breaking his rib.Morpheus then sues for the torts of assault and battery.Neo's best defense is

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Question 11

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

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Question 12

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.

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Question 13

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.

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Question 14

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

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Question 15

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.

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Question 16

You lend your friend your grandmother's favorite vase so he can impress his new girlfriend.After two weeks,you ask for him to return the vase.After another week,you find out he has sold the vase to his new girlfriend.You decide to sue him for

Accepted Answer

The tort of conversion is applicable because the friend sold the vase without permission, which is a clear interference with the owner's right to possess the property. The tort of detinue is also applicable because the friend failed to return the vase despite the owner's request. Therefore, the best choice is E, which includes both conversion and detinue. The other options are not suitable because passing off does not apply in this case, theft requires an intent to permanently deprive the owner of the property, and trespass to chattels may not apply since the friend had permission to take the vase initially.

Question 17

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.

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Question 18

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

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Quiz 4: Intentional Torts