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McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
True/False Questions
1) 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.
a. True
b. False
2) 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.
a. True
b. False
3) 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.
a. True
b. False
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
4) 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.
a. True
b. False
5) 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.
a. True
b. False
6) 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.
a. True
b. False
7) Irrespective of the usual terminology, an intentional tort may be committed either
intentionally or carelessly in some circumstances.
a. True
b. False
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
8) Leah threw a log onto a pathway. As Leah knew, equestrians regularly rode their horses
on that pathway. Scott was injured when the horse that he was riding tripped over the log
and stumbled to the ground. If the court strictly applies the traditional rules regarding
intentional torts, Leah cannot be held liable for an intentional tort because Scott's injury
was not a direct result of her actions.
a. True
b. False
9) Necessity, consent, and provocation are all classified as complete defences.
a. True
b. False
10) 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.
a. True
b. False
11) 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.
a. True
b. False
12) 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.
a. True
b. False
13) 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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
Visions may be held liable to George on the basis of a tort known as misappropriation of
personality.
a. True
b. False
14) 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.
a. True
b. False
15) The right of recaption is used by a person who wants to recover a piece of land that
another person is wrongfully occupying.
a. True
b. False
Multiple Choice Questions
1) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
2) 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.
3) 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 not committed the tort of battery even though Kylie was asleep when he
kissed her.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
4) 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.
5) 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 unloaded, 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
6) 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.
7) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
8) 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.
9) 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. If Anna wants to sue Hugh for a tort of invasion of privacy, she probably will have to
persuade a court to create a new tort of that name unless the jurisdiction in which the tort
took place has a statutory tort of privacy.
10) 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.
11) 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.
12) 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.
13) Which of the following statements is TRUE?
a. Chattels are immoveable forms of personal property.
b. A trespass to chattels can never be committed unless 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.
14) 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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
15) 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.
16) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
17) 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.
18) The Supreme Court of Canada's decision in Aubry v Editions Vice-Versa Inc supports
the proposition that
a. a tavern may be held vicariously liable for battery if a bouncer uses unreasonable force in
removing a drunken customer from the premises.
b. a company that publishes photographs may need to secure consent of a person who
appears in a photograph taken in Quebec.
c. an assault is committed only if the plaintiff feared that offensive bodily contact was to
happen soon.
d. a landowner may use reasonable force to remove a trespasser.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
e. a defendant who commits a tort of detinue may be required to return the property, instead
of paying damages.
19) 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 a foolish, though honest, mistake the court will likely award
punitive damages to Cooper.
20) Gary successfully sued Nomi for the tort of battery. That may 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
21) Nick was severely injured after he was physically pulled out of 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.
22) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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, or is from the English word “denture” which
refers to false teeth.
23) Svends 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, it 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 Svend stole equipment that Xarol wants back, the company should sue for the tort of
trespass to chattels.
24) 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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
25) 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.
26) 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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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. 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.
27) 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.
28) 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"
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
29) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
30) 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.
31) 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.
