Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
5) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
6) Which tort leads to the remedy of a "forced sale"? What is the justification for that
remedy?
7) What is the right of recaption? When does it arise? What special risk management
problem does it create?
8) 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?
9) List and briefly explain the elements of the tort of malicious prosecution.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
10) 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.
11) 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.
12) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
14) Identify, explain, and compare the different torts that fall under the heading of
"interference with chattels."
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
15) 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.
McInnes/Kerr/VanDuzer: Managing the Law: The Legal Aspects of Doing Business, Fourth Edition
Chapter 4: Intentional Torts
