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Legal Definitions - intentional tort

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Definition of intentional tort

An intentional tort is a type of civil wrong where a person's deliberate action causes harm or injury to another. Unlike negligence, which involves carelessness, an intentional tort requires that the person *intended* to perform the specific act that led to the injury or damage. It's crucial to understand that "intent" in this context doesn't necessarily mean the person intended to cause *harm* or had malicious motives. Rather, it means they intended the physical act itself. For example, if someone intentionally pushes another person, that push is an intentional act, even if the pusher didn't mean for the person to fall and break an arm. The focus is on the deliberate nature of the action, not necessarily the ultimate consequence or the desire to inflict pain.

Here are some examples to illustrate how intentional torts apply:

  • Imagine a scenario where a frustrated customer in a coffee shop intentionally shoves another customer out of the way to reach the counter faster. Even if the first customer didn't mean for the second customer to stumble and spill their drink, the act of physically shoving them was deliberate. This deliberate physical contact, even without malicious intent to injure, constitutes an intentional tort known as battery, because the act of making unwanted physical contact was intentional.

  • Consider a situation where a disgruntled employee, as a prank, locks their coworker in an office for an hour, knowing the coworker needs to leave for an important appointment. The employee's act of locking the door and preventing the coworker from leaving is a conscious and deliberate restriction of freedom. This intentional act, regardless of whether the employee intended serious distress, could be considered an intentional tort of false imprisonment, as the employee intentionally confined another person.

  • Suppose a homeowner is upset with a neighbor and decides to intentionally drive their car across the neighbor's lawn as a shortcut, even though there's a clear driveway available. The act of driving onto the neighbor's property without permission is a conscious and deliberate choice. This intentional intrusion onto another's land, even if no physical damage occurs, is an intentional tort known as trespass to land, because the homeowner intentionally entered the property of another without authorization.

Simple Definition

An intentional tort is a civil wrong where a person's deliberate act causes harm to another. It requires the defendant to have acted with either general or specific intent regarding the action itself, even if they did not specifically intend the resulting injury.

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