Overview

• Torts are civil ‘wrongs’ other than breach of contract that cause people damages. Torts can be intentional or unintentional.
  • Intentional torts:
    • Includes trespass as well as more more serious violations like assault, battery, false imprisonment, fraud, etc.
    • Trespass is typically tried in a civil court while more serious violations can be tried in both a civil court (where compensation is sought for the victim’s damages and the burden of proof is lower) and separately in a criminal court (involving greater punishment, thus a greater burden of proof required).
  • Unintentional torts:
    • Includes Negligence (where unreasonable behaviour causes damages) and Nuisance (where lawful activities interfere with others’ property).
    • These are less serious violations of the Legal Principle and are therefore generally only tried as civil cases. Most tort law is already compatible with the Legal Principle.
• Local communities must define some nuanced grey areas relating to tort law.