5 Jan 2023

52

What are Intentional Torts?

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Academic level: College

Paper type: Essay (Any Type)

Words: 357

Pages: 1

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Tort laws are laws that govern the conduct of one individual that infringes on the rights of others. A tort can loosely be defined as a wrong, conducted by a tortfeasor, to a victim. The main categories of tort are civil torts and criminal torts. Another classification of torts is intentional torts, torts caused by negligence and strict liability torts. 

Intentional torts are torts that based on an act or omission that was undertaken on purpose and ended up causing loss or damage to another person. The loss and damage may not necessarily be intentional for an act to amount as a tort as the only qualification is that the act itself was intentional. Intentional torts can result in civil or criminal liability and even both forms of liabilities, depending on applicable laws. For example, sexual violence is an intentional tort that can result in both criminal and civil liability. 

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Examples of tort are assault, which happens when an individual threatens or creates an apprehension of physical harm to another individual. Battery is said to happen when aforesaid physical harm is actually happening. An assault or battery tortfeasor can claim defenses such as consent, self-defense, defense of others or defense of property. False imprisonment is another form of intentional tort and happens when one person confines or retains another against their will. Among plausible defenses for false imprisonment is having a probable cause for the confinement or restraint. 

Other forms of intentional tort include intentionally inflicting psychological anguish on another, and defamations which is intentionally tainting someone’s reputation. Defamation varies exponentially depending on the nature and reputation of the victim, with the threshold for a public person being laxer than that of a private citizen. Invasion of privacy and fraudulent misrepresentation are also forms of intentional torts. Proof of truth and fair comment on a public matter are viable defenses to this torts. 

Intentional torts can also be against a business or against property. Torts against business include intentional interference in a contractual or business relationship business relationship respectively. This happens when a third party intentionally affects either a contractual or a relationship between two parties. Conversely, torts against property include trespass or nuisance, where a third party infringes on the quiet enjoyment of the owners right to a property. Necessity and license are among the viable defenses to trespass and nuisance. 

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StudyBounty. (2023, September 16). What are Intentional Torts?.
https://studybounty.com/what-are-intentional-torts-essay

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