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Questions and Answers
What defines intentional torts in law?
What defines intentional torts in law?
What must exist for an act to be considered trespass to a person?
What must exist for an act to be considered trespass to a person?
Which of the following elements is NOT a general element of trespass?
Which of the following elements is NOT a general element of trespass?
What does trespass to property primarily protect?
What does trespass to property primarily protect?
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How is the intention significant in cases of trespass?
How is the intention significant in cases of trespass?
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What is the primary purpose of intentional torts?
What is the primary purpose of intentional torts?
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What is an example of a situation that constitutes trespass to a person?
What is an example of a situation that constitutes trespass to a person?
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In the context of intentional torts, what distinguishes trespass from negligence?
In the context of intentional torts, what distinguishes trespass from negligence?
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What is the modern definition of assault?
What is the modern definition of assault?
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Which of the following is NOT an element necessary to establish an assault?
Which of the following is NOT an element necessary to establish an assault?
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In the context of battery, what does 'without consent' imply?
In the context of battery, what does 'without consent' imply?
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What aspect is critical for establishing that a threat is considered an assault?
What aspect is critical for establishing that a threat is considered an assault?
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Which of the following statements about battery is true?
Which of the following statements about battery is true?
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Which case affirmed that abusive words followed by physical harm can establish an assault?
Which case affirmed that abusive words followed by physical harm can establish an assault?
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What is a result of the principle established in Thomas v National Union of Mineworkers?
What is a result of the principle established in Thomas v National Union of Mineworkers?
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What behavior does Innes v Wylie illustrate regarding assault?
What behavior does Innes v Wylie illustrate regarding assault?
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What does the doctrine of transferred intent primarily allow?
What does the doctrine of transferred intent primarily allow?
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Which of the following is necessary for contact to be considered a battery?
Which of the following is necessary for contact to be considered a battery?
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Which case highlights the significance of voluntary and controlled actions in tort liability?
Which case highlights the significance of voluntary and controlled actions in tort liability?
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In which situation would transferred intent NOT be applicable?
In which situation would transferred intent NOT be applicable?
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Which of the following statements about consent in battery law is true?
Which of the following statements about consent in battery law is true?
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What is required to establish hostile touching in a battery case?
What is required to establish hostile touching in a battery case?
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Which of the following best compares assault and battery?
Which of the following best compares assault and battery?
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How does medical treatment relate to the concept of battery?
How does medical treatment relate to the concept of battery?
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What must be true about the defendant's mental state in cases of false imprisonment?
What must be true about the defendant's mental state in cases of false imprisonment?
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Which scenario illustrates a complete restraint for the purposes of false imprisonment?
Which scenario illustrates a complete restraint for the purposes of false imprisonment?
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In the context of false imprisonment, under what condition may a plaintiff not claim false imprisonment?
In the context of false imprisonment, under what condition may a plaintiff not claim false imprisonment?
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Who may legally impose restraint without liability for false imprisonment?
Who may legally impose restraint without liability for false imprisonment?
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What is a necessary component to establish the tort of false imprisonment?
What is a necessary component to establish the tort of false imprisonment?
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According to the principles established, which of the following cases emphasizes that false imprisonment cannot occur through negligence?
According to the principles established, which of the following cases emphasizes that false imprisonment cannot occur through negligence?
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Which of the following can be identified as a direct consequence of the defendant's act in false imprisonment?
Which of the following can be identified as a direct consequence of the defendant's act in false imprisonment?
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Which of the following cases re-emphasizes that a plaintiff's awareness of confinement is not essential to establish false imprisonment?
Which of the following cases re-emphasizes that a plaintiff's awareness of confinement is not essential to establish false imprisonment?
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What type of harm does Wilkinson v Downton address?
What type of harm does Wilkinson v Downton address?
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Which of the following is NOT one of the four elements required to prove the tort in Wilkinson v Downton?
Which of the following is NOT one of the four elements required to prove the tort in Wilkinson v Downton?
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In the case of Janvier v Sweeney, what was the basis for the defendant's liability?
In the case of Janvier v Sweeney, what was the basis for the defendant's liability?
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What was the outcome for the plaintiff in the harassment case involving Khorasandjian v Bush?
What was the outcome for the plaintiff in the harassment case involving Khorasandjian v Bush?
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What is a significant characteristic of intentional harm discussed in these cases?
What is a significant characteristic of intentional harm discussed in these cases?
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Which statement accurately reflects the ruling in Wilkinson v Downton?
Which statement accurately reflects the ruling in Wilkinson v Downton?
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What common factor is illustrated through the cases mentioned in the content regarding intentional harm?
What common factor is illustrated through the cases mentioned in the content regarding intentional harm?
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In the example of the practical joke in Wilkinson v Downton, what was the main effect of the defendant's actions on the plaintiff?
In the example of the practical joke in Wilkinson v Downton, what was the main effect of the defendant's actions on the plaintiff?
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Study Notes
Intentional Torts: Trespass to Person
- Intentional torts are wrongs committed against persons, property, or goods requiring a level of intent or knowledge.
- Historically, legal actions began with "writs." Early law used "trespass" as the primary tort concept, encompassing all types of breaches of the king's peace.
- Over time, a separation emerged between injuries caused directly (intentionally) and those caused carelessly (negligently).
- Modern law distinguishes between intentional torts (e.g., trespass to person) and negligence.
- Intentional torts require an intentional state of mind by the defendant, aiming to cause a specific result.
- These torts can involve physical harm to a person or their property.
- Trespass to person includes assault, battery, and false imprisonment.
- A further intentional tort, Wilkinson v Downton, regarding intentional physical harm which is separate from the trespass to person is also covered.
- The key element in these intentional torts is the defendant's mental state (intent).
- Letang v Cooper (1965): Intent must exist during the defendant's act. If the defendant acted negligently, the case falls under negligence, not trespass.
Types of Trespass to Person
- Assault: involves creating an apprehension of immediate harmful or offensive contact.
- Battery: involves the actual harmful or offensive contact.
- False Imprisonment: involves unlawful confinement of a person.
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Description
This quiz explores the concept of intentional torts, focusing specifically on trespass to person. It covers various forms such as assault, battery, and false imprisonment, and distinguishes between intentional torts and negligence. Understanding these elements is crucial for grasping the legal framework surrounding personal injuries.
