Intentional torts: Trespass, Intentional Infliction of Mental Suffering, Nuisance, Malicious Prosecution, Abuse of Process

Trespass

intentional interference wiht a person’s right to exclusive posession of their property

Defences to trespass

permission

accident

If you are asked to leave and don’t, even if you were originally present with permisssion, is it trespass

yes

Trespass to land main features

direct, physical intrusion onto land in posession of someone else

Trespass to land: harm

proof of harm not needed for trespass

Trespass to land also does or does not include objects thrown

does include thrown objects

Trespass to chattels aka

willful damage

Defences for trespass to land

consent

necessity

legal authority

Chattel

something that can be posessed; a tangible, moveable asset

Trespass to chattel is also referred to as

willful damage

Two types of trespass to chattel

detinue
conversion

Detinue

wrongful posession

Detinue committed by

taking and keeping something

Conversion

wrongful posession that interferes with plaintiffs rights of posession

Defences for trespass to chattel

same as trespass to land

Intentional infliction of mental suffering

act or statement calculated to cause mental anguish and results in a disturbance in health capable of being diagnosed

Successful claim for intentional infliction of mental suffering requires

proof of calculation
proof of harm
intentionality
lie or intentionally misleading statement

Abuse of Process

attempt to use courts for a not legitimate purpose irregardless of the outcome

Malicious prosecution

initiation of a criminal proceeding with malicious intent for no reasonable or probable cause

Malicious prosecution: the defendant initiated a proceeding for

no reasonable or probable cause

Malicous prosecution: the defendant was motivated by

malice or primary purpose other than carrying out a law

Malicous prosecution: the proceedings were terminated in

favour of the plaintiff

Malicious prosecution: harm

is presumed for malicious prosecution