Intentionnal Torts

September 29, 2009

Tort means commiting a wrong, and Intentional Tort means intentionally commiting a wrongful act. According to law, a tortfeasor is the person doing the intentional tort, which is a civil wrong. Intentional torts does not involve any a wrong commited due to negligence. A tort which is the result of careless actions in the performance of one’s duties, cannot be called an intentional tort, as the aspect of intentionally doing harm is missing in this tort.


The laws governing any society today, is more strict on Intentional torts. Intentional torts if proven in a court of law, will attract damages to be paid to the sufferer, which are more than just compensatory amounts. Although the law is strict on intentional torts, it is also difficult to prove the same in a court. To prove that a person has intentionally done something is always difficult, as one has to prove an inclination which is totally subjective. The intent of the person has to brought out and this the defendant is always going to hide.


In an intentional tort, the damage caused to the plaintiff is a direct result of the intent of the defendant to cause harm. Whereas in negligent torts, the specific intent to harm is missing. Even when an intent is evident, it might not amount to an intentional tort. For example in a public limited company each shareholder has a right to vote on certain decisions. If a stockholder having a majority holding, votes in a manner which is detrimental to the other stockholders, he is not liable of Intentional tort, as he has the right to vote anyway he pleases, and voting is not a wrongful action. If on the other hand the same stock holder, beats up another person intentionally, to cause physical harm, he will definitely be liable for an intentional tort. The act itself is wrongful and the intent also is to damage.

When legally analysing intentional tort, they are actions which are intentionally commited to cause harm to another person physically, emotionally or to his property. Intentional torts include acts like assault, misrepresentation, battery, trespass, defamation, slander of title, fraud, false imprisonment, abuse of process, inflicting emotional distress, conversion, defamation by computer, general defamation and disparagement of goods.


It is the intent to harm behind the action that makes it an Intentional tort. If a person damages someones property in a bid to contain a fire which is spreading, cannot be labelled as an intentional tort, although he damaged the property intentionally. His intention was not to harm, but to stop the fire from spreading.

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Written by Uncle Sam · Filed Under Insurance 

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