Tort

Tort

MIPs, notwithstanding their mental incapacity, can still commit tortious acts such as trespass to land and nuisance if they know the nature and quality of act. It is no defence that they do not know that what they are doing is wrong.

For tort of negligence, MIPs still owe a duty of care to the victim. They are not held against a special duty of care. In other words, unlike children (who are judged against the standard of a reasonable child of similar age) or professionals with special skills (who are judged against the standard of a reasonably competent professional), MIPs are assessed against the ordinary standard of a reasonable person.