Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is NOT a general requirement for intentional torts?

1. Directness

2. Volition

3. Suitability

4. Intention

The correct answer is: Suitability

In the context of intentional torts, the essential elements typically include directness, volition (or intention), and a clear intent to bring about a specific consequence. Directness refers to the requirement that the act causing the harm must have been directly executed by the defendant. Volition underscores the necessity of the defendant taking a conscious action, indicating that the act must be performed voluntarily rather than accidentally. Intention refers to the requirement that the defendant must have intended the act or, at the very least, must have known that harm would likely result from their actions. On the other hand, suitability is not recognized as a fundamental characteristic of intentional torts. In this context, "suitability" does not have a defined meaning in tort law as it applies here; the other components directly relate to the nature of the tortious act and the mental state of the defendant. Thus, the absence of suitability distinguishes it from the other key requirements, making it the correct answer in identifying what does not belong in the context of standard requirements for intentional torts.