Study Notes on Intentional Torts

Intentional Torts

  • Definition: Civil wrongs resulting from intentional acts causing harm to another person.

  • Types of Intent: General or specific intent must be proven based on the tort alleged.

  • Proving Intent: Hardest aspect, intent can be inferred from actions (e.g., pranks, violence).

Governing Principles

  1. Intent is necessary and sufficient for liability.

  2. Each tort violates a specific behavioral rule.

  3. Requires proof of defendant's fault through conscious acts.

Elements of Intentional Torts

  1. Accused had a duty to avoid harm.

  2. Breach of that duty occurred.

  3. Injury to the victim resulted.

  4. Breach was the proximate cause of the injury.

Common Examples

  • Assault: Causing fear of immediate unlawful force.

  • Battery: Unlawful use of force against another.

  • Defamation, Emotional Distress, False Imprisonment, Trespass, Conversion.

Damages

  • Victims entitled to compensation via settlement or damages for medical expenses (past or future).

Difference from Negligence

  • Intentional Tort: Actions taken with purpose.

  • Negligence: Lack of care leading to harm without intent.