Page 23 - Insurance Times May 2019

Intentional Tort is a strict liability (Occupational Hazards) and Absolute
liability is sometimes also called as strict liability. It is a type
Legal liability can arise from an intentional act or omission
that results is harm or injury to another or damage's to of liability which refers to the legal accountability of a
another property and the person causing the harm meant person for causing damages/ injury, even if he/ she was not
to do so. Intentional torts are those wilful acts which harm at fault or negligent i.e. one is considered liable regardless
another purposefully. They include acts with an intention of fault. Now-a-days strict liability is most commonly
associated with defectively manufactured products.
or design, though it is not always necessary that the
consequence be also intended.
In case of absolute liability, offences do not require evidence
For example; trespassing into somebody else's property but once it is proved that the offence has happened then
without permission, assault on the person, false the defendant will be completely liable.
imprisonment or unlawful confinement, defamation of
character via libel (oral) and slander (written). Similar to absolute liability, in the case of strict liability as
well, offences do not require evidence but the burden of
There are a number of defences to intentional torts, the proof is placed on the defendant where he can use different
most common of which is consent. defence techniques. First, 'due diligence' defence i.e. he
should prove that he took every possible precaution to
Y A victim consents to a contact. For example; no battery prevent the offence from happening.
has been committed.
This is to be noted that absolute liability is not covered by
Y Issues arise in determining whether consent has been
manifested and what is the scope of the consent the insurance companies or at the least very limited
coverage is provided. This is so because absolute liability is
Y Silent acquiescence can, but does not always, indicate usually associated with extremely hazardous situations or
consent, particularly in ambiguous settings such as activities.
sexual contact.
Y Consent to a degree of bodily invasion is not consent Liability in tort:
to any bodily invasion. For example; in a sports contest, A civil wrong breach of duty to/of care arises from the
the participants have consented to a certain degree of breach of duty fixed by law such duty is towards persons
violence, perhaps even violence that violates the rules generally and in breach is redress able a duty of care in
of the game, but not to conduct far outside the scope
relation to ultimate consumer.
of the contest.
Y A battery (assault is the imminent apprehension of a Tort may be for negligence or nuisance against persons and
battery) or a slander such as hitting someone knowingly property.
or spreading a malicious, harmful rumour aware that
it is untrue. Nuisance:-

Public Nuisance:
Unintentional torts
Y Unlawful act of or an omission to discharge a legal duty,
Negligence in a slip or false casetypically involves a failure which may causes inconvenience or annoyance to the
to act or action in a manner that is not characteristic of a public, interferes with the exercise of enjoyment of a
reasonably prudent person under similar circumstances; in right common to all. A public nuisance is a crime.
other words negligence. There may be several such wrongs
However, if an individual can show he has suffered
for which the firm may be held responsible, such as private
special damage above that suffered by public, he will
nuisance and industrial accidents.
succeed in civil action.
Absolute and strict Liability Strict liability Private nuisance;
(Torts such as those involving ultra-hazardous materials Y Unauthorised act or omission, which interferes with the
those are dangerous in and of themselves) enjoyment of land only a person who has an interest
so affected may bring an action,(smells/smokes/fumes/
Liability is imposed regardless of negligence or fault and it noise/ which cause material damage to property or

The Insurance Times, May 2019 23