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What is an Intentional Tort?

                                                           

An “intentional tort” differs from an act of “negligence” in that the latter pertains to a tort wherein injury has occurred due to a failure to take sufficient care in fulfilling a duty owed; whereas the former describes a civil wrong resulting from an intentional act.

The difference between an intentional tort and a negligence tort is that, in addition to proving the four elements of negligence, an additional element must be proven: that the defendant acted with specific intent to perform the act which resulted in the plaintiff’s injuries.

Notably, though, "The concept of 'intention' in the intentional torts does not require defendants to know that their acts will result in harm to the plaintiffs. Defendants must know only that their acts will result in certain consequences." And, by transferred intent, the plaintiff need not always prove that the defendant acted with the intent to bring about the specific injury that actually occurred.

To find a defendant liable for an intentional tort, the plaintiff must prove that the defendant performed the action leading to the alleged damages, and that the defendant acted with purpose, or that he had knowledge with substantial certainty that an act would result in injury. Furthermore, the action must be a recognized "wrongful act."

Common law intentional torts include the following:

• Assault
• Battery
• Conversion
• False imprisonment
• Trespass to land
• Trespass to chattels (Personal property)
• Intentional infliction of emotional distress
• Fraud
• Invasion of privacy
• Dignitary torts

An assault is the immediate intentional creation of apprehension of another without consent or privilege.  

A battery is the intentional harmful or offensive touching of another without consent or privilege.  

A conversion is the intentional exercise of taking possession of someone else's property with the intent not to return it.

False imprisonment is the intent to confine or bound someone without a means of egress.  

Trespass to land is the intentional interference with the land of another without consent or privilege.  

Trespass to chattel is the intentional interference with the personal property of another without consent or privilege. 

Dignitary torts are the class of intentional tort, including slander and libel, which arise when the right invaded involves the reputation or privacy of the individual claiming.

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