ECN 321 Chapter Notes - Chapter 10: Intentional Tort, Ginger Beer, Playing Indian
3 Dec 2018
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A tort is a violation of a non-contractual duty imposed by law in relation to the property rights of others - a civil wrong. Tort law is created by judges (common law) and by statutes. Victims of tort have a right to sue for damages and injunctions. The idea is to make the plaintiff whole or bring the victims back to their pre-tort level of utility. In this way costs reside where they belong. Causation in the above sense will be determined by the act that can reasonably be deemed to cause harm. Note that there are varying opinions as to the threshold that should be used to determine causation. Please see the references to causation-in-fact (but for rule) vs. proximate cause on page. Public legal education and information service of new brunswick housing and property: know trespassing (opens new window) Intentional torts are those where the tortfeasor (the person committing a tort) intentionally commits a wrongful act.
