Tort law (2022): Liability: Intentional torts + Last clear chance

An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.

Background.

As a matter of public policy, damages available for intentional torts tend to be broader and more generous than for negligent torts. To preserve individual well-being and overall social welfare, society generally wishes to deter its members from intentionally attacking each other. For example, in the United States, it is easier to get punitive damages (damages above and beyond compensatory damages) if one can prove that the tort was intentional. Similarly, in most Australian jurisdictions, intentional torts are not included in civil liability legislation, thus excluding the threshold of injury and damages payouts from various legislated limitations and caps. But it is harder to prove intentional torts because as with many felony crimes, one must prove subjective elements involving the content of the defendant's mind, and defendants do not always express their harmful intent out loud or in writing.

Intentional torts are most directly contrasted with negligent torts. The key difference between the two categories of tort is that the plaintiff must prove the additional element that the defendant acted with the specific intent to perform (for example, acted with a mental state of intentionally performing) the act that was the proximate cause of the plaintiff's injuries (so-called malice), as opposed to simply violating a general duty of care as plaintiffs must prove in suits for negligence. "The concept of 'intention' in the intentional torts does not require that defendants know that their acts will result in harm to the plaintiffs. Defendants must know only that their acts will result in certain consequences." Under the doctrine of the transferred intent, the plaintiff may instead prove that the defendant intended to commit any intentional tort against any person rather than the specific injury that actually occurred.