Canadian Accredited Insurance Broker (CAIB) One Practice Exam

Which of the following is NOT an example of a tort?

1. Trespass

2. Defamation

3. False arrest

4. Voluntary consent

The correct answer is: Voluntary consent

Voluntary consent is not considered a tort because it refers to a situation where an individual agrees to a particular action or contract, which implies that they are willingly participating and not being subjected to harm or wrongdoing by another party. In tort law, a tort is essentially a civil breach causing harm or loss to another individual, which is not the case when consent is given. In contrast, actions such as trespass, defamation, and false arrest do involve harm or wrongdoing against another person, making them clear examples of torts. Trespass occurs when an individual unlawfully enters someone else's property, defamation involves damaging someone's reputation through false statements, and false arrest refers to the unlawful restraint of an individual’s freedom of movement. Each of these actions can result in legal liability for the person who committed the tort, while voluntary consent signifies a mutual agreement that preempts claims of harm.