Key Takeaways

  • Tortious intent requires either the purpose to bring about a result or knowledge that the result is substantially certain to occur.
  • Transferred intent applies when harm occurs to an unintended party or when one intentional tort leads to another.
  • Types of intentional torts include personal torts (like assault and battery), property torts (such as trespass or conversion), and dignity torts (like defamation).
  • Distinguishing from negligence: negligence involves failing to exercise reasonable care, while intentional torts require a deliberate act.
  • Damages for intentional torts may include compensatory damages for harm caused and punitive damages to punish wrongful conduct.
  • Defenses include consent, self-defense, defense of property, and necessity, which may excuse or limit liability.

Intentional Torts

It hardly needs to be stated that intent is a requirement of an intentional tort. Tortious intent requires a volitional act that is performed either, 1) for the purpose or, 2) with a substantial certainty, of the tortious consequence. As defined in the Restatement of Torts, Physical Harm § 1: "A person acts with the intent to produce a consequence if: (a) the person acts with the purpose of producing that consequence, or (b) the person acts knowing that the consequence is substantially certain to result."

In other words, intent can be described as having three elements.

  1. A state of mind
  2. About consequences of an act (or omission) and not about the act itself
  3. That extends not only to having in the mind a purpose (or desire) to bring about given consequences but also to having in mind a belief or knowledge that given consequences are substantially certain to result from the act. It is important to keep in mind that a knowledge or appreciation of the risk is not enough - there must be a substantial certainty in the result.

The law also recognizes what is called "transferred intent." Transferred intent is when the actor intends an action towards one person but accidentally affects another person. While technically the intent to injure the third party was not there, the law transfers the intent. Also, transferred intent applies where a person intended only an apprehension of contact, but accidentally causes actual contact. Intent can also be transferred between torts - so, a person could not claim they did not have the requisite intent for battery if what they really intended was assault.

Defenses to Intentional Torts

Even where tortious intent is established, defendants may raise legal defenses such as:

  • Consent: If the plaintiff agreed to the conduct, such as in sports.
  • Self-defense: Reasonable force may be used to protect oneself.
  • Defense of property: Limited force may be used to prevent unlawful intrusion.
  • Necessity: Actions taken to prevent a greater harm may be excused.

Courts will carefully evaluate whether these defenses apply, and whether the defendant’s response was proportional.

Damages in Intentional Tort Cases

Victims of intentional torts may recover several types of damages, including:

  • Compensatory damages for medical costs, lost wages, and pain and suffering.
  • Punitive damages to punish particularly egregious conduct and deter future wrongdoing.
  • Nominal damages in cases where rights were violated but no measurable harm occurred.

Intentional Torts vs. Negligence

It is important to distinguish intentional torts from negligence:

  • Intentional torts require a conscious decision to act in a way that is substantially certain to cause harm.
  • Negligence arises when a person fails to exercise reasonable care, leading to accidental harm.
  • For example, deliberately striking someone is battery (an intentional tort), whereas accidentally causing injury by careless driving is negligence.

This distinction matters in court because intentional tort claims can result in punitive damages, which are rarely available in negligence cases.

Common Types of Intentional Torts

Intentional torts are generally grouped into categories that reflect the type of harm caused:

  • Torts Against the Person: These include assault, battery, false imprisonment, and intentional infliction of emotional distress. Each requires deliberate conduct directed at another individual.
  • Torts Against Property: Examples include trespass to land, trespass to chattels, and conversion. These occur when someone intentionally interferes with another’s use, possession, or enjoyment of property.
  • Torts Against Dignity or Reputation: Defamation, invasion of privacy, and fraud fall into this group. The injury is often reputational or emotional rather than physical.

Frequently Asked Questions

  1. What is the difference between intent and motive in tort law?
    Intent refers to the decision to bring about a specific consequence, while motive is the reason behind the action. Only intent is required for liability.
  2. Can children be held liable for intentional torts?
    Yes, minors can be liable if they are old enough to understand the consequences of their actions, though liability may vary by jurisdiction.
  3. Why are punitive damages more common in intentional tort cases?
    Because intentional torts involve deliberate wrongdoing, courts often impose punitive damages to punish and deter future misconduct.
  4. How does transferred intent work in practice?
    If a person aims to strike one individual but instead harms another, the intent is “transferred,” and liability still attaches.
  5. Are intentional torts also crimes?
    Some intentional torts, such as assault or false imprisonment, may also be prosecuted criminally. Civil liability is separate from criminal responsibility.

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