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McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
32) 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
either one of the restaurant's employees or by another diner, however this course of action
is not generally advisable.
33) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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. The fact that Goldie is liable for false imprisonment must mean that Shaniqua did not
commit any tort during the same set of events.
34) 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.
35) 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?
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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 may 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.
36) Tommy 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. The judge, however, rejected her claim. 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. the tort of malicious prosecution is available only against a police officer.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
37) 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.
38) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
39) 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 walking
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 (i) knew that Raja had been the victim of
numerous thefts, (ii) reasonably believed that Raja was telling the truth, and (iii) 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.
40) Which of the following statements is TRUE with respect to the concept of invasion of
privacy?
a. A distinct tort of invasion of privacy clearly exists in New Zealand, but not in Canada
except by those provinces which have enacted a statutory tort of invasion of privacy.
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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
41) Supermodel Jane Peterson, famously known simply as JP, has been the top Victoria
Secret model for the past 3 years. She attends a New Year’s Eve party at the home of the
famous rapper Doobie Doggy Doug, known as Triple D. Triple D provides lots of free
alcohol and even some marijuana. JP drinks the free alcohol and smokes a few joints over
the course of the evening. She then unwisely gets into her Ferrari to drive home, but in her
inebriated state she crashes into a pole and is unconscious. Upon being transported to the
emergency ward of the hospital, she regains consciousness. She tells the nurse that under no
conditions can the doctor use a scalpel anywhere on her body; she would rather die than
have a scar on her perfect body, the body with which she makes a living. The emergency
doctor uses a scalpel to remove some glass that lay dangerously close to some nerves and
arteries. After the successful procedure, JP sues the doctor for the tort of battery. At court,
the doctor proves that without his actions JP would likely have died or had severe
complications. Which of the following is false?
a. Doctors are possibly liable for the tort of battery if they fail to get the consent of the
patient before performing any procedure.
b. Doctors are possibly liable for the tort of battery if they fail to inform the patient of the
possible risks of any procedure
c. Doctors are not liable for the tort of battery if the patient does not give consent in an
emergency situation but the patient lacks the capacity to give consent.
d. Doctors are only liable for the tort of battery if the religious beliefs of a patient are
violated
e. Doctors are never liable for the tort of battery if the patient gives consent but later
revokes the consent.
42) Dylan owns a piano store and is a huge fan of Jeff Goldblum. In order to get a
recording of him playing piano and a photo, Dylan sneaks onto Goldblum’s property. He
then uses the photo as a “Seal of Approval” to help him sell his pianos. Goldblum now says
he is suing for invasion of privacy. Which of the following is true?
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
a. Dylan is guilty of the tort of invasion of privacy.
b. Dylan is guilty of the crime of invasion of privacy.
c. Goldblum cannot sue for invasion of privacy, but he could sue for both trespass to land
and misappropriation of personality.
d. Goldblum cannot sue for invasion of privacy because Dylan obtained the recording and
photo without entering Goldblum’s house.
e. As per section 162 of the Criminal Code, Dylan is guilty of the crime of voyeurism.
43) Kim is stopped while going through security after arguing about why she is required to
put her shampoo in a plastic bag. She says sarcastically, “Well, if it’s such a problem, why
don’t you just lock me up?” She is subsequently thrown in a locked room for detainment.
Which of the following is false about the situation?
a. Wrongful imprisonment could be argued because it may be considered unjustified to lock
someone in a room for something so trivial.
b. Wrongful imprisonment cannot be argued because Kim was in a room, not a prison.
c. A wrongful imprisonment case might fail because a security officer could be said to have
a wider power of arrest.
d. The defense in a wrongful imprisonment case may argue that Kim consented to
containment with her sarcastic comment.
e. If security called the police, who arrested her, it wouldn’t be wrongful because it was
done with authority.
44) Upper Cuff is a clothing store that closes at 7:00 pm. By 7:05 pm, Upper Cuff had
closed all the gates and locked all but one door – they left the door open so the single
customer who had been shopping for an hour could leave. At 7:10 pm, a new customer
walks in, trying to buy a new shirt. Which of the following is true?
a. The first customer has the right to continue shopping until the store revokes its consent;
the second was not given consent and, thus, has committed trespass to land.
b. As soon as the gates are closed, the store has revoked all consent and the first customer
must leave immediately; the second has committed trespass to land.
c. Because it is a retail store, both customers have been given implied consent.
d. Though the second customer was not given consent to be in the store, Upper Cuff has no
right to remove her from the store.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
e. If the final door had been locked, the first customer would have been wrongfully
imprisoned.
45) Your friend Rahim owns a convenience store and is upset because a local teen, Sal,
keeps shoplifting candy. However, Rahim has no proof. While you are in the store, Sal
comes in and Rahim calls the police, telling Sal to stay in the store until the police come or
he’ll be arrested. He then tells the police that Sal stole an entire box of candy, even though
on this occasion he hadn’t taken anything. As an expert in law, what would you tell Rahim?
a. It is a good idea because, though Sal won’t be charged with the false crime, Rahim will
still be able to prosecute him for the past offenses.
b. It is a good idea because Sal will probably be charged with the false crime.
c. It is a bad idea because, even though the story will probably work, Rahim may still be
liable for the tort of wrongful imprisonment.
d. It is a bad idea because Rahim will be liable for both wrongful imprisonment and
malicious prosecution.
e. It is a bad idea, but because wrongful imprisonment cannot occur with only
psychological detention, Rahim is only liable for malicious prosecution.
46) 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
a. the torts of trespass to chattels, conversion, and detinue.
b. the tort of passing off.
c. the crime of theft.
d. the torts of trespass to chattels and conversion, but not detinue.
e. the torts of conversion and detinue.
47) 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
a. legal authority, but only if Neo is an off-duty police officer.
b. self-defense because Neo was in danger of Morpheus doing the same to him.
c. consent because Morpheus knowingly entered into the fight with him.
d. that both consent and self-defense should be argued.
e. that consent and provocation could both be argued.
48) 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?
a. The tort of conversion
b. The tort of trespass to chattels.
c. The tort of detinue
d. The tort of conversion, trespass to chattels, and detinue
e. No tort of conversion, trespass, or detinue was committed by Smith
Essay Questions
1) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
2) 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?
3) 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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
Serge successfully sue Myriam for false imprisonment? Do you require any more
information before you answer that question?
4) Explain why tort law has been reluctant to create a general tort of invasion of privacy.
