Intentional Torts
Tort law classifies conduct-causing harm by the actor's awareness of the risk of harm. Conduct accompanied by a high degree of awareness of the risk of harm is classified as intentional. Intentional torts occur when the actor knows or is substantially certain that the conduct will result in harm.
The “intent” required to commit an intentional tort is not the same as criminal intent. The law of intentional torts does not demand proof of intent to cause specific harm, nor does it require proof of motive. A bad state of mind is not required. It is quite possible to commit an intentional tort in the absence of a bad motive or a desire to harm.
Intentional torts are concerned with the actor's state of mind, but only with respect to the act itself. Only a purposeful act or an act that presents a substantial certainty of harm is necessary.
Intentional Torts Against the Person
Intentional torts against the person are the most common kind of intentional tort. These torts can stand alone, but they are frequently included as a part of some other claim. For example, a plaintiff claiming wrongful termination from employment might also make a claim of defamation if the stated reason for the termination is false. A plaintiff claiming medical malpractice against a surgeon for removing an appendix without consent can assert a claim of battery as well. The primary intentional torts against the person are described below.
Assault
An assault is an act that causes another to be in fear of immediate harmful or offensive contact. The victim must be aware of the intentional act, the threatened contact must be immediate, and the contact must be harmful or offensive. A child who throws a rock at a passing car commits an intentional act, but not an assault if the driver is not aware of the child's actions. A shouting match where one party threatens physical violence in the future is not an assault because the threat is not immediate. When an assault occurs, the victim is entitled to compensation even if there is no physical damage.
Battery
Battery is the harmful or offensive touching of another without that person's consent. Although this tort is often confused with assault, as in assault and battery, they are separate and distinct torts. Assault requires the knowledge of the victim; battery does not. When a defendant attempts to punch the plaintiff and misses, there is an assault, but no battery. Similarly, when the defendant sneaks up behind the plaintiff and hits him over the head, there is a battery, but no assault.
Battery does not require bodily touching. A person can commit battery by throwing a rock, striking another with an automobile, or removing a chair as a person is about to sit. It is not necessary that a battery victim be harmed — mere offensive touching is sufficient.
False Imprisonment
False imprisonment is the confinement or restraint of another without lawful justification. False imprisonment occurs when the defendant places boundaries on the ability of the victim to move freely. Boundaries on the movement of the victim can be in the form of physical barriers, the present exercise of physical force, present threats of physical harm, the exercise of claimed legal authority, or a refusal to release. The victim must have no reasonable means of escape from confinement. Claims of false imprisonment are often asserted against merchants who detain suspected shoplifters. Most states recognize a “shopkeeper's privilege” that shields merchants who act with probable cause from claims of false imprisonment.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress is conduct that is extreme and outrageous and intended to cause severe emotional distress. Conduct that is merely hurtful does not qualify; intentional infliction of emotional distress is not designed to address every kind of emotional injury. A rejection of a marriage proposal may cause severe emotional distress, but it is not extreme and outrageous. Falsely informing a mother that her child has been killed is extreme, outrageous, and intended to cause severe emotional distress. Because it is so difficult to prove that conduct is extreme and outrageous, intentional infliction of emotional distress claims are rarely successful.
Defamation
Defamation is an untrue factual statement about the plaintiff that is published to a third party. Publication in this context simply means “made available” — it is sufficient if the third person saw or heard the untrue statement. Statements to the plaintiff that are not published to third persons, even if false, are not actionable. Statements of opinion cannot be a basis for a defamation claim because they cannot be proven false. If a factual statement is proven true, there is no defamation.
ssential
Other intentional torts against persons include invasion of privacy, fraud and misrepresentation, and intentional interference with contract or business relations. These intentional torts generally involve a deliberate infringement on the known rights of another. Claims based on these theories often fail because of the difficulty of proving the necessary knowledge.
The law of defamation is extremely complicated, especially when the false statement concerns a public official, such as a politician. Because such statements are protected by the First Amendment, the plaintiff must prove both falsity and “actual malice” (a knowing or reckless disregard of the truth) to establish defamation. A similar standard applies to statements about public figures (athletes, television personalities, etc.).
Intentional Torts Against Property
The law protects property ownership interests against intentional interference. In fact, the first recognized torts involved intentional acts directed to property. Today, the law recognizes three intentional torts against property: trespass to land, trespass to personal property, and conversion.
Trespass to Land
Trespass to land is just what the name implies. It is an intentional invasion of an interest in real property (land) without the permission of the owner. The trespass can be by physical presence on the land or by the placing of some object on the land. Remedies for trespass include payment for any damages caused and removal from the land.
Alert
Whether a person is classified as a trespasser or as a person who enters property with permission can have a significant effect on the duty the landowner owes to that person. A higher duty of care is owed to those who come onto the land with permission. For trespassers, the only obligation is to warn them of hazards on the property that they would not discover for themselves.
Trespass to Personal Property
Trespass to personal property is identical to trespass to land, except that it does not involve real property. Personal property is any form of property that is not real estate or inextricably tied to real estate. Any harm to the personal property of another or interference with ownership rights is a trespass. Taking property without permission is a trespass; retaining borrowed property for an unreasonable period is a trespass, and damaging property is a trespass.
Conversion
Closely related to trespass to personal property is the intentional tort of conversion.
property with the intent to convert it to your own use. Most conversion involves a theft, but it is possible to convert property by retaining possession beyond the scope of the permission. A person who shoplifts a CD commits the criminal act of theft and the civil tort of conversion. A person who borrows a CD with the permission of the owner and then sells it has committed conversion, but not theft.
