Intentional tort

Definition

An intentional tort is a wrongful act committed by an individual who deliberately causes harm to another person or their property. This type of tort is characterized by the intent to perform an act that leads to injury or damage, distinguishing it from negligence, where harm results from carelessness. Intentional torts can lead to civil liability, and they often arise in various contexts, including assault, battery, and defamation.

5 Must Know Facts For Your Next Test

1. Intentional torts require proof that the defendant acted with intent to cause harm or knew that harm was likely to result from their actions.
2. The plaintiff in an intentional tort case must demonstrate that they suffered actual damages as a result of the defendant's conduct.
3. Common examples of intentional torts include assault, battery, false imprisonment, trespass, and infliction of emotional distress.
4. In some cases, intentional torts may also result in criminal charges, leading to both civil and criminal liability for the wrongdoer.
5. Certain defenses may apply in intentional tort cases, such as consent, self-defense, or defense of others, which can mitigate or eliminate liability.

Review Questions

• How does the concept of intent differentiate intentional torts from negligence?
  • The key difference between intentional torts and negligence lies in the element of intent. In intentional torts, the defendant purposely engages in conduct that causes harm to another person or their property. In contrast, negligence involves failing to exercise reasonable care, leading to unintended harm. The presence of intent in intentional torts allows for different legal consequences and defenses than those applicable in negligence cases.
• Discuss how consent can serve as a defense in cases of intentional torts and provide an example.
  • Consent is a crucial defense in intentional tort cases because if a plaintiff consented to the defendant's conduct, the defendant may not be held liable for any resulting harm. For instance, in a contact sport like boxing, participants consent to physical contact and potential injury as part of the game. If one boxer injures another during a sanctioned match, the injured party typically cannot sue for battery because they agreed to the risk involved in participating.
• Evaluate the implications of intentional torts on civil liability and potential remedies available for plaintiffs.
  • Intentional torts carry significant implications for civil liability as they can lead to compensatory damages for the injured party as well as punitive damages aimed at deterring similar future behavior by the defendant. Plaintiffs can seek remedies that cover medical expenses, lost wages, pain and suffering, and any other losses incurred due to the wrongful act. The potential for punitive damages highlights the seriousness of intentional torts and serves as a mechanism for society to condemn particularly egregious behavior while reinforcing the need for accountability.

Related terms

Assault:

A threat or attempt to cause physical harm to another person, creating a reasonable fear of imminent harm.

Battery:

The unlawful physical contact or use of force against another person without their consent.

Defamation:

The act of making false statements about someone that damage their reputation, which can be classified as slander (spoken) or libel (written).