Intentional Torts

Definition

Intentional torts are wrongful acts committed by an individual who intentionally causes harm or damage to another person or their property. Unlike negligent actions, intentional torts are characterized by the intent to cause the consequence of the act, which can include physical harm, emotional distress, or invasion of privacy. Understanding intentional torts is essential as they form a significant part of tort law, which governs civil wrongs and provides remedies to those harmed.

5 Must Know Facts For Your Next Test

1. Intentional torts include a variety of actions such as assault, battery, false imprisonment, and trespass.
2. In order to prove an intentional tort, the plaintiff must show that the defendant acted with intent to cause the harm or knew that such harm was substantially certain to occur.
3. Unlike negligence claims, intentional torts can result in punitive damages in addition to compensatory damages if the defendant's conduct is found to be particularly egregious.
4. Intentional torts can also give rise to criminal liability; for instance, assault can be both an intentional tort and a criminal offense.
5. The defenses available against intentional tort claims include consent, self-defense, and defense of others or property.

Review Questions

• How do intentional torts differ from negligent torts in terms of intent and outcomes?
  • Intentional torts differ from negligent torts primarily in terms of intent; while intentional torts require that the defendant acted with purpose or knowledge that harm would likely occur, negligent torts arise from a failure to act with reasonable care. The outcomes also differ since intentional torts can lead to punitive damages due to their malicious nature, whereas negligence typically focuses on compensatory damages aimed at making the victim whole again. This distinction highlights the level of culpability associated with each type of tort.
• Analyze the elements required to establish a claim for battery as an intentional tort.
  • To establish a claim for battery as an intentional tort, a plaintiff must demonstrate that there was an intentional act by the defendant that resulted in harmful or offensive contact with the plaintiff's person. The plaintiff does not need to prove that they were physically harmed; even offensive contact can suffice. Additionally, it must be shown that the defendant had the intent to make contact or was substantially certain that such contact would occur. Understanding these elements is crucial in assessing liability for battery.
• Evaluate the implications of intentional torts on personal liability and insurance coverage for individuals and businesses.
  • The implications of intentional torts on personal liability are significant as they often lead to more severe legal consequences compared to negligent actions. Individuals found liable for intentional torts may face substantial financial judgments and potential punitive damages intended to deter such behavior. Furthermore, many insurance policies do not cover damages arising from intentional acts, leaving individuals and businesses exposed financially. This lack of coverage necessitates careful consideration of actions that may lead to claims for intentional torts, highlighting the importance of risk management strategies.

Related terms

Negligence:

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances, leading to unintentional harm.

Assault:

An intentional act that creates a reasonable apprehension in another of an imminent harmful or offensive contact.

Battery:

The intentional and unlawful physical contact with another person, resulting in harm or offense.