Intentional tort Definition and 5 Types of Intentional Torts

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1. Intentional tort definition

A tort is a wrongful act that causes harm to someone or someone’s rights, and an intentional tort is a type of tort where the injuries stem from intentional acts. The intent to injure another is required to constitute an intentional tort, and typically this intent will need to be proven at trial.

One of the most commonly used intentional tort example is punching someone in anger, which is referred to as battery. Another intentional tort case people often heard is trespassing, which is defined as breaking into someone’s house or property without permission.  

A batter harms someone physically while a trespass harms someone’s right to property. The intent to harm another or the rights of another is required to constitute an intentional tort, and typically this intent will need to be proven at trial.

2. Different types of intentional cases

Under tort law, there are several types of intentional torts. In this article, we will introduce the 5 most commonly heard intentional torts.

1. Assault
2. Battery
3. Intentional Infliction of Emotional Distress
4. Defamation
5. Trespass

Assault Definition

Assault is defined as intentionally putting another person in reasonable fear of an imminent harm. It can be understood as a threat or an attempt to inflict harm on someone and no physical harm needs to be done.

(1.1) What are examples of assaults?

An assault can be words or gestures. Common cases of assault include:

1. Raising the fists, miming the act of hitting someone
2. Aiming a weapon at someone
3. Attempting to touch someone sexually

(1.2) What are the key 3 elements required to prove an assault?

a. Act: the defendant acts

b. Intention: the defendant has the intent to make the victim apprehend there will be an imminent harm

c. Plausibility: The defendant’s action makes the victim to believe there will be an imminent harm

(1.3) What is aggravated assault?

Aggravated assault is the assault that cause grave harm. The offender of an aggravated assault is subject to more severer punishments. Requirements to constitute an aggravated assault vary by states, but in general, an aggravated assault exists when:

a. a lethal weapon is involved

b. the offender has the intent to cause very serious harm

c. the victim is severely injured

d. when the victim has special status, such as police officer.

Battery

Battery is defined as intentionally harming or making offensive contact with someone else. The rationale behind the battery is to protect people from being offensively touched. As a result, an offensive contact is enough to constitute a tort of battery and no injury is required. For example, spitting or throwing water at someone does not cause injury, but the offensive act itself is enough to be considered battery.

(2.1) What are the examples of battery?

a. Kicking someone

b. Stabbing someone

c. Throwing coffee on someone’s face

(2.2) What are the essential 3 elements of tort of battery?

a. Act: the defendant acts and no injury is required

b. Intent: The defendant does not need to have the intent to injure someone, but merely the intent to make offensive contact is enough.

c. Harm: The contact must be offensive or harmful.

(2.3) Can battery be justified?

The battery can be justified when it was out of consent. For example, a judo match. In addition, it can also be justified through self-defense.

Intentional Infliction of Emotional Distress (IIED)

The tort of intentional infliction of emotional distress (IIED) occurs when someone intentionally or recklessly performs an extreme and outrageous conduct to cause severe emotional distress to another, such as intentionally locking someone suffered from claustrophobia in the school locker.

(3.1) What are examples of IIED?

1. Racial and sexual discrimination

2. Threaten someone of their personal safety

(3.2) What are the four elements of IIED?

a. Intentional and Reckless act: the offender must act intentionally or recklessly

b. Extreme and outrageous behavior: the behavior of the offender must be extreme and outrageous

c. Causation: the conduct of the offender must be the cause of the victim’s emotional distress

d. Severity: The emotional distress suffered by the victim must be severe.

(3.3) Can IIED be justified?

IIED can be justified when someone is exercising legal rights even if it does cause emotional trauma, such as evicting the tenant or arresting suspects.

Defamation

Defamation is a statement that injures someone’s reputation. If the defamation is in the form of speaking, it is slander; if the defamation is written, it is libel.

(4.1) What are the four elements of Defamation?

a. a false statement about the victim

b. the statement must be defamatory

c. the statement is published or communicated to a third party

d. the statement harms the victim’s reputation

(4.2) Libel vs. Slander

In a slander case, the victim must demonstrate actual loss or damages caused by the statement.

In a libel case, the victim is presumed to have suffered  a loss or damages. As a result, the victim can recover the loss without showing the court a loss or damages.

(4.3) Exceptions to the defamation

1. Legislators are immune from liability for defamation during legislative sessions.

2. When it comes to discussing public figures, an actual malice needs to be proven in order for the offender to be liable for defamation, according to the Supreme Court ruling in New York Times v. Sullivan.

Trespass

Trespass is defined as entering someone’s property without the owner’s permission. The idea behind trespass is to protect people’s property tights Trespass can be both a tort or a criminal offense.

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