Common Types of Intentional Torts

November 28, 2023 | J.L. King

In personal injury law, intentional torts represent a unique category where harm is caused deliberately. Understanding the most common types of intentional torts is important for clarifying their legal standing and implications.

Intentional torts are distinct from other torts due to the deliberate nature of the actions causing harm. These torts are not accidents or negligence but deliberate acts. This intent does not necessarily mean the perpetrator intended to cause harm but that they intended the action that resulted in harm. In legal terms, this distinction is crucial as it significantly impacts both the strategy for pursuing these cases and the potential remedies available to victims.

Torts cover a wide range of wrongful acts, from physical violence to infringement on personal rights. Here’s an expanded look at some common types of intentional torts:

Assault and Battery

Assault and battery are often discussed together but are distinct offenses.

Assault refers to an action that makes someone reasonably fear they are about to be hurt. Assault could be a threat, a raised fist, or any act that causes someone to fear immediate harm. 

Battery is the actual act of making harmful or offensive contact with someone. It ranges from a push or a slap to more severe forms of physical violence. It’s important to note that unwanted physical contact can be considered battery, not just actions that cause injury.

Conversion

Conversion is the unauthorized taking or using of someone else’s property, depriving the owner of its use or possession. It’s not just limited to physical items. It also includes intangible property like digital files or intellectual property. 

The key element here is denying the rightful owner’s use or enjoyment of their property. Whether borrowing a car without permission or using someone’s patented invention without their consent, individuals have a right to use and enjoy their property.

Defamation

Defamation involves making false statements about someone that harm their reputation. It has two forms: slander (spoken) and libel (written). The challenge in defamation cases is proving its three necessary elements.

 To bring a valid defamation claim, a plaintiff must prove:

1. That the statements were false, 
2. Made with harmful intent, and 
3. Caused damage to the plaintiff’s reputation 

The complexity of defamation lies in balancing freedom of speech with protection from harm, making these cases particularly nuanced.

Fraud

Fraud involves intentional deception for personal gain. This can be as simple as selling a product while lying about its quality. But fraud can also be complex with elaborate financial scams. The victim of fraud must show that they relied on the false information and suffered a loss because of it.

Interference with Contracts or Business Relationships

Interference with contracts or business relationships occurs when a person intentionally disrupts a deal, leading to financial harm. Good faith clauses or statutes protect many contracts. These protections encourage parties to not intentionally disrupt agreements by establishing penalties for bad actors. It can involve convincing a party to break a contract or undermining a business relationship through underhanded tactics.

Invasion of Privacy

Invasion of privacy is a broad tort category. It includes actions like unauthorized surveillance, disclosure of private information, or exploitation of someone’s likeness without permission. The digital age has made the invasion of privacy an increasingly complex and prevalent issue.

Trespass to Chattel and Land

Trespass to Land is the unauthorized entry onto another person’s property. This doesn’t always mean damage to the property. 

Simply being on the property without permission is enough. Trespass to Chattel involves interference with another person’s personal property. This could be borrowing something without permission, using it without consent, or causing damage to it.

Settlements and Penalties for Intentional Torts 

The consequences of intentional torts can be significant. Settlements resulting from intentional torts cases can be substantial. The settlement often depends on the nature of the violation and the damages incurred. Similarly, fraud claims can lead to civil and criminal penalties, emphasizing the seriousness of these offenses.

Seeking Legal Help for Intentional Torts

If you believe you’ve been a victim of any form of intentional tort, it’s imperative to seek expert legal advice. Understanding your rights and the nuances of your situation is the first step toward achieving justice.

Contact Our Personal Injury Law Firm For Help Today

For more information, please contact The King Firm at your nearest location to schedule a free case evaluation today.

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