Legal Definitions - willful tort

A willful tort is a civil wrong or harmful act that is committed with a deliberate and conscious intent to cause injury or damage to another person or their property. It is distinct from harm caused by accident or negligence because the individual committing the tort specifically desires or knows with substantial certainty that their actions will lead to a harmful outcome. The core element is the perpetrator's intention to inflict the resulting harm.

Here are some examples illustrating a willful tort:

• Example 1: Physical Assault
  During a heated argument, Alex intentionally shoves Ben, causing Ben to fall and break his arm. Alex's act was not accidental; he consciously decided to push Ben with the intent to make physical contact, knowing or desiring that harm could result.

  Explanation: This is a willful tort because Alex deliberately performed the act of shoving, and the resulting injury was a direct consequence of his intentional conduct. He did not accidentally bump into Ben, nor was he merely careless; he acted with a specific intent to make harmful contact.

• Example 2: Intentional Property Damage
  Sarah, upset with her neighbor for a boundary dispute, deliberately drives her car across the neighbor's prize-winning flower garden, crushing all the plants. She knew the garden was there and chose to drive over it.

  Explanation: Sarah committed a willful tort because she intentionally chose to damage her neighbor's property. Her actions were not an accident (like losing control of her car) or negligence (like failing to maintain her brakes); she consciously decided to inflict harm on the garden.

• Example 3: Malicious Defamation
  A former employee, seeking revenge, knowingly spreads false and damaging rumors online about their previous employer, accusing the company of illegal practices, with the specific goal of ruining its reputation and causing financial loss.

  Explanation: This constitutes a willful tort because the former employee intentionally published false statements with the express purpose of harming the company's reputation and business. The act was deliberate, calculated, and driven by a desire to inflict damage, rather than being an accidental misstatement or a careless oversight.