Documentation:Torts/Denials

TORT LAW
CASEBOOK
Introduction
Dignitary Torts
Defamation • Discrimination • Harassment • Intentional infliction of mental suffering • Invasion of privacy • Trespass to the person
Property Torts
Interference with goods • Interference with land • Non-natural use of land • Private nuisance • Public nuisance
Negligence Tort
Duty of care • Breach of duty • Damage • Causation • Remoteness
Negligence Categories
Employment • Environmental pollution • Harmful products • Hosting patrons and guests • Infliction of mental injury • Misrepresentation • Occupation of premises • Professional services • Public authorities • Pure economic loss • Relational economic loss • Rescuers • Shoddy goods or structures • Treatment of indigenous children • Unborn children
Dishonesty & Abuse of Position Torts
Abuse of process • Breach of confidence • Conspiracy • Fraud • Inducing breach of contract • Injurious falsehood • Intimidation • Malicious prosecution • Misfeasance in public office • Passing off • Spoliation • Unlawful interference with economic interests
Strict Liability
Keeping dangerous animals • Non-natural use of land • Ultrahazardous activities • Vicarious liability
Defences
Apportionment of liability • Consent • Defamation defences • Defence of property • Denials • Excuses • Illegality • Legal authority • Limitation • Necessity • Self-defence
Remedies
Apologies • Damages • Injunctions • Insurance • Legal costs • Mitigation • Proprietary
Tort Law & Legal Systems
Charter values • Class actions • Concurrent actions • Constitutional torts • Indigenous dispute resolution • No-fault compensation schemes
Tort Theory
Instrumental theories • Constructive theories • Critical theories • Reflexive theories
Study Resources
1L strategy • Answer exercises • Quizzes • Beswick's course site • Opening Up Tort Law Project
Index

Denials

A denial is not strictly speaking a defence, but rather a dispute about what actually happened. "A denial maintains that an actor has not committed the wrong(s) she is alleged to have committed." The defendant denies that an element(s) of the alleged tort is made out.

Distinguishing between denials, justifications, and excuses
For an illustration of the difference between denials, justifications, and excuses, see 21:55 in this lecture by Professor John Goldberg.

For example, "a tort defendant who is sued for battery and who argues that she acted without any intent to touch another person denies having committed that tort."

A valid denial means that "there is no need to justify or excuse one’s conduct because it does not meet the definition of the legal wrong one is alleged to have committed."

Procedure

Very broadly, a civil suit has three stages: pleadings, evidential discovery, and trial. The suit is initiated by the plaintiff pleading their cause(s) of action in a statement of claim that is filed with the Court and served on the defendant. In reply, the defendant may file a statement of defence – "if she or he does not, the court will assume that the plaintiff's allegations are true." This means that "[i]f an allegation contained in the Statement of Claim is not denied in the Statement of Defence, it is deemed to be admitted. If the Defendant’s version of the story diverges from the Plaintiff’s, they need to specifically lay out those facts."

Even if the defendant denies what the plaintiff alleges, "it is [still] up to the plaintiff to present facts to support the claim against the defendant. In a civil suit, the plaintiff must prove that it is probable that the defendant is ... liable, because a civil case is decided on a balance of probabilities."