Intentional tort

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Scales of justice
Tort law
Part of the common law series
Intentional torts
Assault · Battery
False imprisonment Consent · Necessity
Self defense
Property torts
Trespass (land · chattels)
Conversion
Detinue · Replevin · Trover
Dignitary torts
Defamation · Invasion of privacy
False light · Breach of confidence
Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud · Tortious interference
Conspiracy · Restraint of trade
Nuisance
Public nuisance
Rylands v. Fletcher
Negligence
Duty of care · Standard of care
Proximate cause · Res ipsa loquitur
Calculus of negligence
Rescue doctrine · Duty to rescue
Specific types Employment-related · Entrustment
Malpractice (legal · medical)
Duty to visitors
Trespassers · Licensees · Invitees
Attractive nuisance
Strict liability torts
Product liability
Ultrahazardous activity
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
Other common law areas
Contract law · Property law
Wills, trusts and estates
Criminal law · Evidence
v  d  e

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 tort, 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.

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 could have reasonably foreseen some harm to the plaintiff, although the full extent of the harm need not be foreseeable. 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.

Common law intentional torts include:

The doctrine of transferred intent applies to intentional torts.

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. 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.

Wikipedia content modification information:

  • This page was last modified on 11 September 2008, at 16:57.

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