Examples and Explanations of Intentional Torts
As the name suggests, when a party does a particular act of will or has the volition of doing the law and harm to another party results, this is called intentional tort. Act, intent, causation, and consequence are the four main factors of an intentional tort.
The offending party commits an action with a particular intent which results in the causation of the effect and harm.
Battery, conversion, intentional infliction of emotional distress, trespass to chattel, trespass to land, assault and false imprisonment are some typical cases that are examples of intentional torts. Here are the definitions of these offenses according to the deliberate tort law.
What is a Battery?
Touching someone with intentions that can’t be justified or touching in an inappropriate manner is called a battery. The touching performed by the offender is entirely intentional. There is an intent behind this particular act by the offender. And this touching must result in some form of result. (i.e., damage to the victim.).
What is False Imprisonment?
This confinement happens when the offending party restrains the victim within certain boundaries with the intent of confining. It is essential that the victim knows that he/she is limited when the offender acts. The offender must also do this with some intent. The purpose in the mind of the defendant should be not to let the victim go outside certain boundaries. At the same time, it is essential that there is no way for the victim to escape from the confinement.
What is an Assault?
An assault takes place when the offender or the defendant takes an intentional act that results in the offensive contact or harmful effects damaging the other party. (i.e., plaintiff or victim.). In this particular case, the plaintiff must know the harm that the defendant caused him.
Also, the imminence of the harm is a significant factor to consider before proving assault. The case is shown, or the claim is proved right only when it is established that the defendant took action intentionally and desired to damage the other party through bad contact.
What is Trespass To Land?
This case takes place when the defendant has invaded the property of the plaintiff with intentions of harming his possessory rights of the property. The substantial damage caused would be a result. Only when the plaintiff proves these things the case becomes valid and compensation is taken from the offender. But again, substantial damage must be shown by the plaintiff to receive the payment for it.
What is Intentional Emotional Distress?
Referred to as intentional infliction of emotional distress, this type of case involves a defendant whose reckless and intentional behavior caused the victim extreme mental agony. The damage doesn’t have to be physical. In simple words, the act of the defendant is so torturous and mentally distressful that it is considered uncivilized. Hence, it remains unacceptable in a civilized community.
What is Conversion?
In this tort, the defendant intentionally acts in a way that he causes harm to the ownership of the property of the plaintiff. Here, the plaintiff has enough justifiable grounds to recover the full amount that covers the price of his property that was interfered with by the defendant.
What is Trespass To Chattels?
This tort also involves the interference of the respondent in the rights of possession of the plaintiff’s personal property. The defendant might intentionally damage the property, or the owner of the property is temporarily deprived of his personal belongings.
If the property, i.e., chattel is wholly taken away from the proprietor, this is also trespass to chattel. It must be made sure that the plaintiff didn’t intend to meddle with other people’s rights. In conclusion, these are the main intentional torts a lawyer or law student deals with on a day to day basis.