LAW 122 Study Guide - Final Guide: Malicious Prosecution, False Imprisonment, Detinue
Torts:
Intentional torts - occur when a person intentionally acts in certain ways
oAssault - occurs when the defendant intentionally causes the plaintiff to
reasonably believe that offensive bodily contact is imminent
oBattery - consists of offensive bodily contact
oFalse imprisonment - when a person is confirmed within a fixed area without
justification
Malicious prosecution - when the defendant improperly causes the
plaintiff to be prosecuted
oTrespass to land - when the defendant improperly interferes with the plaintiff’s
land
oInterference with chattels (moveable property)
Trespass to chattels - when the defendant interferes with chattels in the
plaintiff’s possess
Conversion - when the defendant interferes with the plaintiff’s chattels in
a way that is serious enough to justify a forced sale
Detinue - occurs when the defendant fails to return a chattel that the
plaintiff is entitled to possess
Negligence torts - occurs when a person acts carelessly
oProduct liability – can occur when a person is injured by a product
Strict liability torts - occur when a person does something wrong without intending to
do so and without acting carelessly
Tort of conspiracy – usually occurs when two or more defendants agree to act together
with the primary purpose of causing the plaintiff to suffer a financial loss
Tort of intimidation – occurs when the plaintiff suffers a loss as a result of the
defendant’s threat to commit an unlawful act against either the plaintiff or third party
The tort of interference with contractual relations – occurs when the defendant
disrupts a contract that exists between the plaintiff and a third party
Tort of unlawful interference with economic relations – occurs if the defendant
commits an unlawful act for the purpose of causing the plaintiff to suffer an economic
loss
Tort of deceit – occurs if the defendant makes a false statement, which they intend to
mislead the plaintiff, and which causes the plaintiff to suffer a loss
Tort of occupiers’ liability – required an occupier of premises to protect visitors from
harm
Tort of Nuisance – occurs when the defendant unreasonably interferes with the
plaintiff’s use and enjoyment of their own land
Tort of defamation – occurs when the defendant makes a false statement that could
lead a reasonable person to have a lower opinion of the plaintiff
Injurious falsehood – occurs when the defendant makes a false statement about the
plaintiff’s business that causes the plaintiff to suffer a loss
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Document Summary
Malicious prosecution - when the defendant improperly causes the plaintiff to be prosecuted: trespass to land - when the defendant improperly interferes with the plaintiff"s land, interference with chattels (moveable property) Trespass to chattels - when the defendant interferes with chattels in the plaintiff"s possess. Conversion - when the defendant interferes with the plaintiff"s chattels in a way that is serious enough to justify a forced sale. Detinue - occurs when the defendant fails to return a chattel that the plaintiff is entitled to possess. Negligence torts - occurs when a person acts carelessly: product liability can occur when a person is injured by a product. Strict liability torts - occur when a person does something wrong without intending to do so and without acting carelessly. Tort of conspiracy usually occurs when two or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss.
