You Have Been Hired by a Law Reform Commission to Examine

You have been hired by a law reform commission to examine ways in which tort law can be used to affect behaviour. As part of that project, you have been asked to consider the level of mental culpability that the plaintiff is required to prove before the defendant can be held liable by a court. Which of the following statements is TRUE with respect to tort law as it currently exists in Canada?

A) An intentional torts occurs only if the defendant intended to cause the plaintiff to suffer a loss.
B) Strict liability allows people to engage in unusually hazardous activities, but also requires them to pay for any damage that occurs, even if they took every reasonable precaution.
C) Because of the need to discourage tortious behaviour, negligence forms the smallest category of tort.
D) The concept of strict liability always applies if a person intentionally causes another person to suffer an injury.
E) An intentional torts occurs only if the defendant intended to breach an obligation.