Mastering the Bar Exam: Torts Episode 12: Intentional Torts in Tort Law

Defining Intentional Torts.

Intentional torts are civil wrongs where the defendant intentionally commits an act that results in harm to the plaintiff. Unlike negligence, where the focus is on the defendant's failure to exercise reasonable care, intentional torts involve the defendant's deliberate actions.

Types of Intentional Torts.

Intentional torts cover a broad spectrum of wrongful acts. Let's explore some common types:

Assault: Assault occurs when one person intentionally puts another in reasonable apprehension of an imminent harmful or offensive contact. The key is the victim's reasonable fear.

Battery: Battery involves the intentional and harmful or offensive touching of another person without their consent. It's not the harm caused but the intentional act of touching that defines battery.

False Imprisonment: False imprisonment occurs when one person intentionally restricts another's freedom of movement within a bounded area without their consent. The victim must be aware of the confinement or harmed by it.

Intentional Infliction of Emotional Distress: This tort involves intentional conduct that is extreme and outrageous, causing severe emotional distress to another person.

Defamation: Defamation is the intentional publication of a false statement that harms the reputation of another person. It includes both written (libel) and spoken (slander) forms.

Invasion of Privacy: Invasion of privacy comprises several intentional torts, such as intrusion into seclusion, publication of private facts, false light, and appropriation of likeness.

Trespass to Land: Trespass to land occurs when a person intentionally enters the land of another without permission. It covers physical entry or causing an object to enter the land.

Trespass to Chattels and Conversion: These torts involve intentional interference with another person's personal property. Trespass to chattels is a lesser interference, while conversion is a substantial interference or wrongful possession.

Elements of Intentional Torts.

To succeed in an intentional tort claim, certain elements must be established, including:

Intent: The defendant must have the intent to commit the act that resulted in harm. Intent can be specific, intending the actual consequences, or general, intending the act but not necessarily the harm.

Causation: The defendant's intentional act must be the actual cause of the harm suffered by the plaintiff.

Harm: The plaintiff must have suffered harm or damages as a result of the defendant's intentional act.

Defenses to Intentional Torts.

Defendants in intentional tort cases have several defenses at their disposal:

Consent: If the plaintiff consented to the defendant's actions, knowing the risks involved, it can serve as a complete defense.

Self-Defense: Individuals have the right to use reasonable force to defend themselves from an imminent threat.

Defense of Others: Similar to self-defense, a person may use reasonable force to protect another person who is in imminent danger.

Defense of Property: Individuals have the right to use reasonable force to protect their property from being invaded or stolen.

Privilege: Certain statements made in specific contexts, such as in courtrooms or legislative proceedings, are protected by privilege and are not subject to defamation claims.

Case Example: Assault and Battery.

Imagine a scenario where Person A threatens to punch Person B and then proceeds to strike them, causing physical harm. In this case:

Assault: The threat by Person A to punch Person B puts Person B in reasonable apprehension of imminent harmful contact. This constitutes assault.

Battery: The intentional act of Person A striking Person B, causing physical harm, constitutes battery. The key is the intentional act of touching, regardless of the harm caused.