Overview
- ‘Unreasonable conduct that causes harm to another’s property’ is one of the eight forms of aggressing (a breach of the Legal Principle).
- Torts are civil wrongs causing harm to people. Torts can be intentional or unintentional.
- Intentional torts:
- include trespass as well as more serious violations like assault, battery, false imprisonment, fraud, etc.
- Note. Trespass is typically tried in a civil court of law. In contrast, 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 requiring a greater burden of proof).
- Invasions of another’s property and intentionally inflicting emotional distress on another may also qualify.
- Unintentional torts:
- Includes negligence (where unreasonable behavior causes damages) and Trespass that interferes with the quiet and peaceful enjoyment of one’s 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.
- Intentional torts:
- Local communities must define some nuanced grey areas relating to tort law.