Question

Assignment Question: 1. Examine each of the following situations and decide with reasons whether any tort has been committed.

A. You threaten to punch a security guard who has just ticketed your car.

B. A hockey player body checks an opponent in a hockey game giving him a concussion.

C. A bouncer punches a drunk bar patron who refuses to leave the premises when requested.

D. A doctor gives a blood transfusion to a seriously injured Jehovah Witness who has indicated that he does not want a blood transfusion.

E. Some enterprising business students have opened a dance club in a vacant barn they have renovated adjacent to a newly constructed residential subdivision in rural Halton. The neighbours are complaining about the noise and lights.

F. A group of striking workers have circulated a flyer falsely stating that their employer’s product uses cheap components imported from China. As a result, product sales have dropped.

G. The marketing department of Martha Stewart Inc. has convinced Zellers, through various financial incentives, to break an existing contract with another supplier and to exclusively carry Martha Stewart products.

H. A police officer detains a person for questioning who fits the description of the person who robbed your business. It is not the robber.

I. Your supervisor writes a performance appraisal for your employer which is critical of the quality of your job performance and results in your firing.

J. You have security staff physically remove a person from your restaurant premises who refuses to leave when requested.

Answer 1

A. You threaten to punch a security guard who has just ticketed your car. --There is an intentional tort , knowing fully well the guard is doing hids duty.Also there is an intention to cause emotional distress ,if not physical injury.

B. A hockey player body checks an opponent in a hockey game giving him a concussion-- there is no tort involved ,as body checking ,in hockey ,is the most common cause of concussion & perfectly legal.

C. A bouncer punches a drunk bar patron who refuses to leave the premises when requested.-----There is an intentional tort , even if doing his duty--as he must have been used to such sceanrios in a bar.Also there is an intention to cause emotional distress ,if not physical injury

D. A doctor gives a blood transfusion to a seriously injured Jehovah Witness who has indicated that he does not want a blood transfusion.---- This is alos an intentional tort when a Jehovah witness has specifically denied blood transfusion , but with a difference--ie. to save his life.The intention is good & life-saving , as teh patient is not in a condition to take a rational decision.

E. Some enterprising business students have opened a dance club in a vacant barn they have renovated adjacent to a newly constructed residential subdivision in rural Halton. The neighbours are complaining about the noise and lights---- It is a tort committe--ie.public nuisance ----wilful act in disturbing public peace & producing sound pollution , to those around.

F. A group of striking workers have circulated a flyer falsely stating that their employer’s product uses cheap components imported from China. As a result, product sales have dropped.---- This is atort involving strict liability --as the tortfeasors have definitely injured the employer , by reducing his income , by spreading false informations.

G. The marketing department of Martha Stewart Inc. has convinced Zellers, through various financial incentives, to break an existing contract with another supplier and to exclusively carry Martha Stewart products.---there exists intentional (economic) tort to attract other's customers ,affecting the latter's revenues, by conspiring against them.

H. A police officer detains a person for questioning who fits the description of the person who robbed your business. It is not the robber.There is no tort involved as the police personnel , have the authority to question any of the general public , on mere suspicion--after taking all precautions that are necessary to safe-guard the self-respect & dignity , of theconcerned individual .So, the police officer had done his duty. But the person ,not being the robber, can sue the police officer, if he can prove, the latter had been negligent ,in applying the necessary caution & restraint , before detaining him.

I. Your supervisor writes a performance appraisal for your employer which is critical of the quality of your job performance and results in your firing-----Although the supervisor did only his duty--the employee can apply the law of torts --- done with an intention to cause harm -resulting in loss of job.

J. You have security staff physically remove a person from your restaurant premises who refuses to leave when requested.---There is no tort involved as adequate procedures like requesting politely , have been undertaken , before the security staff were called into picture.