Introduction to Tort Law
Defining Tort Law
Tort: A harm caused by one person to another, other than through breach of contract, and
for which the law provides a remedy.
Primary objective of Tort law is to provide compensation to persons who are injured
as a result of the actions of others.
Torts broken down in to distinct categories:
Trespass to land
Wrongful interference with someone's possessions of land.
Deceit or Fraud
A false representation intentionally or recklessly made by one person to
another that causes damage.
Unreasonable conduct, including a careless act or omission, that causes
harm to another.
Person who commits a tort.
How Torts are Categorized
Intentional Torts and Negligence
A harmful act that is committed on purpose.
The threat of imminent physical harm.
Intentional infliction of harmful or offensive physical contact.
Tort Law and Criminal Law
Differences between Tort law and Criminal Law
Purposes of the Actions
Criminal law censors through punishment, imprisonment, or both.
Tort law has the objective of compensating the victim for the harm suffered
The victim's private right to extract compensation.
Commencing the Actions
In Criminal law the legal action is called a prosecution and is brought by the Crown
Prosecutors. Employed by the federal government.
Accused or Defendant
In Tort law, the injured party brings the legal action. A Civil Action.
Proving the Actions
The Crown has the burden of proof in a criminal action.
In tort, must prove who is responsible for damage.