Intentional Tort: Meaning and Types

According to the majority of intentional tort cases and civil law doctrine, they must have intended to perform the unlawful act but are not required to have intended to produce the eventual outcome for an intentional tort claim to be viable. Purposeful torts and the intentional infliction of injury can have major repercussions, including physical harm, emotional anguish, destruction of real property, offensive contact, loss of personal property, and other negative impacts. Intentional infliction of mental distress, false imprisonment, harmful or offensive contact (such as battery), trespassing on another person's property, attempted battery or assault, offensive touching like abuse, and fraud are frequent examples of intentional torts.

What is Intentional Tort?

Torts committed with purpose are known as intentional torts. The other person may be harmed despite the person's lack of malicious intent, as in a practical joke. Or, like in cases of domestic violence, the perpetrator may genuinely intend to cause injury.

Types of Intentional Torts

Major types of intentional torts are −

Battery

A battery is when someone intentionally touches or uses force on another person or something connected to them without their consent with the goal of hurting them. Only when actual physical contact occurs without the other person's consent is it considered to have hurt the other person. Assault and battery are frequently used together because, in general, assault comes after the battery. Therefore, battery is an intentional tort that involves doing harm to another person or that person's property without that person's consent. Physical touch is crucial when it comes to batteries because they cannot be constructed without it.

Since it's nearly impossible to avoid making physical contact with other individuals in day-to-day existence, So, for physical contact to qualify as battery, it must cause harm or be insulting. Therefore, for an act to constitute battery, there must be any physical action or bodily contact, as well as the purpose to continue performing the act in a way that may injure the victim. The conduct must not be malicious, and the contact must harm the person in some way.

Assault

According to common law, an act by the defendant that gives the plaintiff a justifiable fear that the defendant may batter him is known as an assault. The attack is committed when the defendant causes the plaintiff to fear that he would commit battery against them, which is when the defendant commits his act. Instead of the harm that results from the attempt to inflict harm, this is wrong. Charges of assault must contain inappropriate behavior that is offensive or makes another person worry for their safety.

This demonstrates that an individual can be charged with assault even if the victim was not physically harmed. According to R. v. S. George, brandishing a loaded gun at someone else constitutes assault. If the pistol is not loaded but is directed at a distance where it could injure someone, even that could constitute an assault. Assault occurs when someone moves forward while threatening to use force. In the Stephens v. Myers case, this issue was resolved.

Trespass

A violent crime is committed against someone else's person, property, or legal rights. In popular parlance, every felony includes trespassing; yet, even though these actions are not typically regarded as trespasses, they still subject the perpetrator to a trespassing claim following his or her conviction or acquittal.

Conversion

The wrongful taking or utilization of another person's property without the owner's permission or a valid reason is known as "conversion." Conversion includes not only stealing something but also denying it to the lawful owner or unfairly denying them possession. Because of this, it is a civil wrong. Intentional torts such as conversion fall under civil law, while their criminal law equivalents include trespassing on private property and theft.

Conclusion

An intentional tort is a wrongdoing that is planned, committed, and fully aware of by the offender. You might notice some similarities considering that many of these actions could also be considered crimes. For instance, whether or not the murderer is found guilty of the crime, the victim's family may file a civil lawsuit against them for wrongful death. These are a few of the more typical intentional tort defenses.

Frequently Asked Questions

Q1. Which three intentional torts are the most common?

Ans. Battery, assault, and trespass are the three deliberate torts for which people most frequently seek legal counsel. Please fill out this form to get in touch with an intentional tort lawyer for a free case review if you believe you have been the victim of one of these common torts.

Q2. What distinguishes deliberate from unintentional torts?

Ans. Intentional torts are crimes committed knowingly and maliciously. They consist of trespassing, battery, assault, and libel, as well as false imprisonment and defamation. Contrarily, unintentional torts are founded on negligence and might involve things like workplace accidents, medical malpractice, and auto accidents.

Q3. How to Prove Intentional Tort?

Ans. In general, the plaintiff must demonstrate that the defendant intended to cause harm or that the defendant's acts were so careless and risky that the defendant should have known that harm would occur in order to establish an intentional tort.

Q4. Give an example of deliberate torts?

Ans. An intentional tort is when someone intentionally causes you harm or injury. Anything that harms you or your property falls under this category. If, for instance, you experience unwanted physical contact, property damage, or sexual assault, you may be able to file an intentional tort claim.