Law Society of Ontario (LSO) Paralegal Practice Exam

What is one requirement for the defendant in an intentional tort case?

1. Must provide financial compensation

2. Must have acted maliciously

3. Must have mental capacity to understand the action

4. Must be employed within a legal firm

The correct answer is: Must have mental capacity to understand the action

In an intentional tort case, one key requirement for the defendant is to have the mental capacity to understand the action. This means that the defendant must possess the ability to comprehend their actions and the nature of those actions at the time they were committed. The law generally requires that a person has the requisite mental capacity to be held liable for intentional torts, as it ensures that individuals who act with intention and knowledge of their actions can be accountable for the harm they may cause. In cases involving intentional torts, such as assault, battery, or false imprisonment, understanding one's actions is fundamental. A defendant who lacked mental capacity at the time of the tort may not be held liable, as they were either unable to understand the nature of their actions or could not form the necessary intent to commit the tort. Other options do not correctly reflect a requirement specific to the defendant in an intentional tort case. Financial compensation is a potential outcome or remedy for the plaintiff rather than a requirement for the defendant. Acting maliciously pertains to the character of the defendant's actions but is not a strict requirement since not all intentional torts require proof of malice. Employment within a legal firm is irrelevant to the determination of intentional tort liability. Therefore, having the mental capacity to understand the