Reference Guide to Issue Spotting Intentional Torts Torts Assault Defamation (libel/slander) Sim v Stretch – Battery & Battery w/ sexual element Public & Private Nuisanc False Imprisonment Misfeasance in a public office Odhavji Estate – Malicious Prosecution Occupiers Liability Intentional infliction of nervous shock Strict Liability for escape of dangerous Trespass to land substances Rylands v Fletcher – Chattel Torts (Trespass, Conversion, How To Answer Detinue) Who’s going to claim what against whom? Privacy COR s. 7-8) (Privacy Act; What tort(s) are the claims based on? What interests does it protect? Defenses Involuntariness Smith w/ the first one – Duress Gilbert v Stone Elements of the physical act? – Provocation Miska v Sivec Mental fall requirement? – Consent (implied/express) What issue are raised by the facts? Factors vitiating consent (fraud, What arguments & mistakes, duress, public policy) counterarguments can be made? Self-Defense Is there a causation issue? Defense of third parties Are there any defenses/limitation periods Defense of real property Neutrally state likelihood of success & Defense & reception of chattels p. 235 potential remedies – Public & Private necessity p. 236 (nominal/punitive/injunction etc.) – Defense of trial authority -- 494-495 25CC; Canada Line Case
Reference Guide to Issue Spotting Intentional Torts Assault Battery & Battery w/ sexual element False Imprisonment Malicious Prosecution Intentional infliction of nervous shock Trespass to land Chattel Torts (Trespass, Conversion, Detinue) Privacy (Privacy Act; COR s. 7-8) Defenses Involuntariness – Smith Duress – Gilbert v Stone Provocation – Miska v Sivec Consent (implied/express) Factors vitiating consent (fraud, mistakes, duress, public policy) Self-Defense Defense of third parties Defense of real property Defense & reception of chattels – p. 235 Public & Private necessity – p. 236 Defense of authority -- 494-495 25CC; Canada Line Case Torts Defamation (libel/slander) – Sim v Stretch Public & Private Nuisanc Misfeasance in a public office – Odhavji Estate Occupiers Liability Strict Liability for escape of dangerous substances – Rylands v Fletcher How To Answer Who’s going to claim what against whom? What tort(s) are the claims based on? What interests does it protect? w/ the first one Elements of the physical act? Mental fall requirement? What issue are raised by the facts? What arguments & counterarguments can be made? Is there a causation issue? Are there any defenses/limitation periods Neutrally state likelihood of success & potential remedies (nominal/punitive/injunction etc.) trial