Intentional tort

Tort law

Part of the common law series

Intentional torts

Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED)

Property torts

Trespass (land · chattels) Conversion Detinue · Replevin · Trover

Defenses

Consent · Necessity Defense of self · of others · of property

Negligence

Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue

Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)

Liability torts

Product liability Ultrahazardous activity

Nuisance

Public nuisance Rylands v. Fletcher

Dignitary torts

Defamation · Invasion of privacy False light · Breach of confidence Abuse of process Malicious prosecution Alienation of affections · Seduction

Economic torts

Fraud · Tortious interference Conspiracy · Restraint of trade

Liability, defences, remedies

Comparative / contributory negligence Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction · Torts and conflict of laws

Duty to visitors

Trespassers · Licensees · Invitees Attractive nuisance

Other common law areas

Contracts · Criminal law · Evidence Property · Wills, trusts and estates

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An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.

Why intentional torts are different

As a matter of public policy, damages available for intentional torts tend to be broader and more generous than for negligent torts. In order to preserve individual well-being and overall social welfare, society generally wishes to deter its members from intentionally attacking each other. For example, in the United States, it is easier to get punitive damages (damages above and beyond compensatory damages) if one can prove that the tort was intentional. But it is harder to prove intentional torts because as with many felony crimes, one must prove subjective elements involving the content of the defendant's mind, and defendants do not always express their harmful intent out loud or in writing.

How to tell the difference

The key difference between intentional torts and negligent torts is that the plaintiff must prove the additional element that the defendant acted with the specific intent or mental state of intentionally performing the act which was the proximate cause of the plaintiff's injuries. Under doctrines such as transferred intent, the plaintiff need not always prove that the defendant acted with the intent to bring about the specific injury that actually occurred.

Not every intentional action qualifies as an intentional tort. Suppose an investor holding more than half of a corporation's stock votes on changes the other stockholders find detrimental. If the other stockholders suffer damages as a result, this is not a tort, as the powerful investor had a right to vote whichever way he liked. Thus, the other stockholders cannot sue the aforementioned investor for damages. If, on the other hand, John Doe physically attacks a passerby in the street, and as a result the passerby incurs medical bills, John is liable for these costs, as he is guilty of the tort of battery.

To find a defendant liable for an intentional tort, the plaintiff must prove that the defendant performed the action leading to the damages the plaintiff alleges, and that the defendant acted with purpose, or that he had knowledge with substantial certainty that an act would result in a tortious result. Furthermore, the action must be a recognized "wrongful act." A famous case in the 1800s involved a hemophiliac child (Vosburg) who was kicked by another child (Putney) at school, resulting in severe disability of the leg. Although the kicker could not have reasonably foreseen that the kick would cause severe disability, he certainly could have foreseen that it would cause discomfort, and was found liable.

For example, a plaintiff attempting to prove that a defendant committed the intentional tort of battery must fulfill several factors:

(1) Intent, (2) an Act, (3) Cause, and (4) Harmful or offensive contact.

Here, "intent" means either purpose or "knowledge with substantial certainty," as elucidated in Garratt v. Dailey. "Cause" in an intentional tort need only be "actual cause;" that is, but for the defendant's action the tortious result would not have occurred. The plaintiff need not allege or prove proximate cause, which would indicate that the result of the defendant's actions was reasonably foreseeable.

Common law intentional torts include:

• Assault
• Battery
• Conversion
• False imprisonment
• Trespass to Land
• Trespass to Chattels (Personal property)
• Intentional infliction of emotional distress

Property torts

Property torts are a specific class of intentional torts which arise when the right invaded is a property right rather than a personal right.(land is taken from someone, and they didnt know it was theirs because it was passed down.) These include trespass to land (entering someone's land without permission), trespass to chattels (handling items owned by another without permission), and conversion (taking possession of someone else's property with the intent not to return it). Some older, and largely obsolete, property law concepts include detinue, replevin, and trover.

Dignitary torts

Dignitary torts are the class of intentional tort, including slander and libel, which arise when the right invaded involves the reputation or privacy of the individual claiming industry.

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