An intentional tort, a grave category of civil wrongs, is committed when the defendant deliberately engages in conduct that causes harm or offense to another person. Unlike negligence cases, intentional torts do not require proof of carelessness or breach of duty but focus on the defendant’s purposeful actions.
Key elements of intentional torts include:
1. Intent: The defendant must have acted purposefully or know that the consequences were substantially inevitable.
2. Voluntary act: The action must be voluntary, not accidental or coerced.
3. Causation: The defendant’s action must cause the plaintiff harm.
4. Damages: The plaintiff must suffer harm, though nominal damages (a small amount awarded to recognize the plaintiff’s right, even if no substantial harm is proven) may suffice in some cases.
Common types of intentional torts include:
- Battery: Harmful or offensive physical contact
- Assault: Threat of immediate harmful contact
- False imprisonment: Unlawful restraint of a person’s freedom of movement
- Trespass to land or chattel: Unauthorized intrusion on property
- Defamation: False statements harming reputation
- Intentional infliction of emotional distress: Extreme and outrageous conduct causing severe emotional distress
Intentional torts often allow for punitive and compensatory damages, reflecting society’s strong interest in deterring such behavior. Defenses to intentional torts may include consent, self-defense, defense of others, or necessity.
In some cases, intentional torts may also constitute criminal offenses, potentially leading to civil and criminal proceedings with serious consequences. The statute of limitations for intentional torts is typically shorter than negligence cases, reflecting the policy of promoting prompt resolution of disputes involving deliberate misconduct.