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There are some reasons why the defendant should be exempt from criminal liability. These are called defences and include
duress, insanity and self-defence.
6 – LAW OF TORTS
DEFINITION AND TYPES OF TORTS
Tort is a civil wrong for which the injured party may recover damages. Torts can be intentional, based on negligence or strict
liability torts. A person who commits a tort is called a tortfeasor.
A trespass is an unlawful act causing injury to the person, property or rights of another. Trespass to the person may take two
forms: battery (hurting the person) and assault (making the person believe that they will be hurt). Trespass to land means
going on the private property of another without their consent.
Conversion is the civil side of the crime of theft – personal property is taken by the defendant without owner’s permission.
False imprisonment occurs when a person is detained without their consent.
Negligence is a failure to follow the degree of care that is owed to the plaintiff. We speak about negligence when a duty of
care existed, the duty was breached and harm was caused by the wrongful act. Negligence committed by a professional
is called malpractice.
Nuisance is anything that interferes with the rights of a citizen. It can be public (affecting the community – storing explosives)
or private (affecting an individual – loud noises).
Defamation is a statement that is false and harms the reputation of an individual. It takes two forms: libel (in writing) and
slander (in speaking).
Strict liability is a responsibility for injury even if the person is not at fault. The responsibility of an employer for the facts of
their employees is called vicarious liability.