Intentional tort

An intentional tort is a specific category of civil wrong. It occurs when a person, known as a tortfeasor, performs an act on purpose. This is different from negligence, which involves a failure to take sufficient care. It is also different from strict liability, where a person is responsible for injuries regardless of their precautions. Intentional torts matter because they protect individual well-being and social welfare. By holding people accountable for purposeful actions, society seeks to deter members from attacking one another.

To prove an intentional tort, a plaintiff must demonstrate several specific elements. They must show that the defendant performed the action that led to the damages. Crucially, they must prove the defendant acted with purpose or with knowledge of substantial certainty. This means the defendant knew their act would result in certain consequences. This mental state is sometimes referred to as malice. Interestingly, the law does not require the defendant to know they will cause specific harm. They only need to know that their action will lead to a certain result.

There are different ways to understand how intent works in these cases. One concept is the doctrine of transferred intent. Under this rule, a plaintiff can prove the defendant intended to commit a tort against any person. It does not matter if the specific injury was not the one originally intended. Another key concept is the distinction between actual cause and proximate cause. In an intentional tort, the plaintiff only needs to prove actual cause. This means the harm would not have happened "but for" the defendant's specific action. They do not need to prove the result was reasonably foreseeable.

Legal history provides important examples of how these rules are applied. In the 1800s, a famous case involved a child named Putney. Putney kicked another student, known as Vosburg, at a school. The child had a medical condition called hemophilia. This kick caused a severe disability in the child's leg. Putney could not have foreseen such a serious disability. However, he could have foreseen that the kick would cause discomfort. Because of this, he was found liable for the harm caused.

Intentional torts are often organized into distinct subcategories. Property torts protect an individual's right to own and use things. Examples include trespass to land, which is entering land without permission. It also includes trespass to chattels, which involves handling someone else's items without consent. Another property tort is conversion, where someone takes possession of property with no intent to return it. Older, mostly obsolete terms for these actions include detinue, replevin, and trover.

Another major group is known as dignitary torts. These torts are categorized because they violate a person's dignity, reputation, or privacy. Defamation is a common example, which includes libel, slander, and false light. Other dignitary torts include intrusion on seclusion and breach of confidence. Historically, this group also included actions regarding marriage and adultery. However, many of those older concepts are now considered obsolete or moribund in most common law jurisdictions.

There are also torts that involve physical or emotional harm. Assault is the intentional creation of an immediate fear of harm. Battery is the intentional, harmful, or offensive touching of another person. False imprisonment involves the intent to confine someone without a way to leave. Other examples include the intentional infliction of emotional distress. These categories help the legal system address various ways people can be wronged.

Finally, the law treats the payment of these wrongs very strictly. In many places, intentional torts are uninsurable due to public policy. This means a tortfeasor must pay damages from their own money. This rule prevents criminals from using insurance to cover the costs of their intentional actions. In the United States, proving intent can lead to punitive damages. These are extra payments meant to punish the wrongdoer. In Australia, intentional torts are often excluded from certain legal limits on payouts. This ensures that the consequences for intentional harm remain significant.