Chapter 12 in Law 12 textbook

1175 Words Sep 5th, 2004 5 Pages
Chapter 12

12.1-12.2

1. What is an intentional tort? List three examples in your answer.

An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.

2. Why do many potential tort actions not result in legal actions?

A certain amount of interference with individuals' right occurs on a daily basis and is considered acceptable in a busy, interactive society.

3. Why might a young child not be held responsible for an intentional tort?

Children must be aware of the consequences of their actions.

4. Why is motive not an important factor in an intentional tort?

Providing it was not malicious, it is not an essential element in a tort
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The only time a person may be held liable is if they do damage while on the property.

12.5

1. What is a nuisance?

A nuisance involves one person's unreasonable use of land, which interferes with the enjoyment and use of adjoining land by other persons or a community.

2. In what two ways do trespass and nuisance differ?

The first way they differ is trespass is always an intentional tort, nuisance can be either intentional or unintentional. The other way they differ is trespass laws protect the possession and use of property, while nuisance laws protect the quality of that possession and use.

3. Discuss the factors that a judge must consider reaching a decision in a private nuisance action.

Judges must consider the area in while the nuisance occurs, and in the case of businesses, the activities the community benefits from having that particular business in the community.

4. Who actually acts as the plaintiff in a public nuisance action, and why?

A government official, often the provincial attorney general acts as the plaintiff on behalf of the public. The reason is to prevent defendants from being sued separately by each person and to reduce actions for petty or minor losses.

5. Discuss the two main defenses to the tort of nuisance.

The two main defenses to the tort of nuisance are Legal Authority and Prescription.

12.6

1. What is defamation of character, and what are its two forms?

Defamation of character is that all persons are entitled to their

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