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Torts Legal Problem Solving Assessment

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Intentional Tort. Elements of Tort and Defences available. This assessment is from Autumn 2016.

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Torts Legal Problem Solving Assessment
Topics this document covers:
Tort law Law Common law Intentional tort Tort False imprisonment Cause of action Canadian tort law Trespass
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Topics this document covers:
Tort law Law Common law Intentional tort Tort False imprisonment Cause of action Canadian tort law Trespass
Sample Text:
False imprisonment is a direct act by the defendant that intentionally deprives the plaintiff of their liberty without lawful justification.1 There are three elements to false imprisonment that must be determined, conduct, fault and defence. Miss Katie has kept the plaintiffs, Rhani and Toby, in the ballet studio an hour after class as a form of punishment; therefore, constituting to the intentional tort of false imprisonment. This is evident in the case law of Zanker v Vartzokas2, where the defendant had intentionally restrained the plaintiff in a moving van, after she demanded to be let out. 2. Are all conduct elements of that tort satisfied The conduct element of false imprisonment involves a direct act by the defendant, which causes the total restraint of the plain...
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