Intentional Tort - Explained
Intentional conduct giving rise to a civil cause of action.
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is an Intentional Tort?
The essence of an intentional tort is the intent to undertake an action that has a high probability of causing a harmful result.
There are many intentional statutory and common law torts.
When does conduct constitute an intentional tort?
An intentional tort occurs when the result of intentional action is some form of harm (physical, mental, or financial) to another person or property.
It does not matter whether the individual committing the tort (the tortfeasor) fully understands the nature or extent of the harm that may result.
The individual simply needs to undertake an action that has some likelihood of resulting in a potentially harmful result.
- Example: Mark throws a pine cone at Walt, who is not looking. Mark throws the pine with the understanding that it will contact Walt. This is an intentional action that could result in harm to Walt. If the pine cone hits Walt in the eye and causes a loss of vision, this is an intentional tort. It doesn't matter if Mark did not expect the damage to be so severe. The results of throwing a hard object are readily foreseeable.
- Note: Some of the more common intentional torts are also crimes.
Related Topics
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages