Torts: Chap 2

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15 Terms

1
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Intentional Tort

A category of torts where the tort fears or intents the conduct that gives rise to the tort

2
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Assault

the intentional creation of a reasonable apprehension of imminent harmful or offensive contact

3
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Battery

The intentional infliction of unlawful force on another person

4
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Intentional infliction of mental suffering

Flagrant and outrageous conduct, such as a glaring and notorious false communication, that is calculated to produce harm and results in a visible and provable injury

5
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False Imprisonment

Intentionally confining someone against their will

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Malicious Prosecution

the initiation of a criminal proceeding, which terminates in favour of the plaintiff, done with malicious intent and with no reasonable or probable cause

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Abuse of Process

The use of the court process for an improper purpose

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Intrusion upon Seclusion

Intentionally invading someone’s private affairs in a highly offensive way

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Trespass to Land

Entering upon, remaining upon, or placing or projecting any object on land occupied or possessed by another person

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Nuisance

Interfering with a persons use or enjoyment of their land in a substantial and unreasonable way

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Statutory Authority

A defence of nuisance where the activity in question is an inevitable consequence of carrying out a mandate in law (S.A. protects TTC from nuisance)

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Chattel

A possession other than land; moveable or transferable property

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Trespass to Chattels

Interference with someone’s possession of a chattel without the intentional or effect of denying or negating the persons ownership

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Conversion

Wrongful interference with the goods of another person, such as taking, using or destroying the goods in a manner inconsistent with the owners right of possession

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Detinue

Wrongful or unlawful detention of another persons chattel