Common Intentional Torts: Part 1

Summary

This video discusses the concept of intentional torts in civil law, where harm occurs due to someone's deliberate actions. It explains how intentional torts differ from negligence, emphasizing the importance of intent in such cases. Key intentional torts like battery and assault are explored, with battery defined as harmful or offensive contact, while assault involves creating a reasonable fear of such contact. The video highlights the legal distinctions, including the potential for both civil and criminal penalties for certain acts. The aim is to deter harmful behavior through punitive and compensatory damages.

Takeaways

• 😀 Torts are civil wrongs that occur when an individual suffers harm or loss due to someone else's wrongful conduct.
• 😀 An intentional tort occurs when someone deliberately intends to act, resulting in harm to another person.
• 😀 In the example of a handyman dropping an air conditioning unit, negligence would apply, not intentional tort, because there was no intent to harm.
• 😀 Intent in an intentional tort refers to the intent to perform the action, not the intent to cause harm.
• 😀 The law distinguishes between intentional torts and negligence to help deter socially harmful behavior and impose more severe punishment for intentional actions.
• 😀 Punitive damages, meant to punish wrongful conduct, are often awarded in intentional tort cases in addition to compensatory damages.
• 😀 Torts are civil wrongs that lead to compensation, while criminal justice deals with criminal offenses like assault and battery, which can overlap with intentional torts.
• 😀 Intentional torts are redressed in civil courts, whereas criminal prosecution may be a separate issue for the same act.
• 😀 Battery is an intentional, harmful, or offensive physical contact. Contact is considered offensive if it offends a reasonable person’s dignity, not a hypersensitive individual.
• 😀 Assault is the intentional act of creating a reasonable fear of harmful or offensive contact. Actual contact is not required for assault to occur.

Q & A

What is an intentional tort?

An intentional tort is when someone deliberately performs an action that leads to harm or loss to another person. The key element in an intentional tort is the intent behind the act.

What distinguishes an intentional tort from a negligence claim?

The primary distinction is the intent behind the action. In an intentional tort, the defendant deliberately commits an act that causes harm, whereas in negligence, the defendant fails to exercise reasonable care, leading to unintended harm.

Can someone be held liable for an unintentional act?

Yes, in cases of negligence, a person can be held liable for harm caused by an unintentional act if they failed to exercise reasonable care, but this would not be classified as an intentional tort.

Why are intentional torts punished more severely than negligence?

Intentional torts are punished more severely because the harm is directly linked to the defendant's deliberate actions, making the wrongdoing more serious than negligent conduct, which is typically due to carelessness rather than intent.

What does 'preponderance of the evidence' mean in tort law?

It means that the plaintiff must prove, by the greater weight of evidence, that it is more likely than not that the defendant is liable for the harm or injury caused.

What is the definition of battery in tort law?

Battery is defined as intentional harmful or offensive contact with another person. The intent in battery refers to the intent to make contact, not to harm.

How is offensive contact determined in battery cases?

Offensive contact is judged by a standard of reasonableness, meaning it is considered offensive if it would offend a reasonable person's sense of dignity. This standard excludes hypersensitivity to contact.

Can a tap on the shoulder be considered battery?

No, a tap on the shoulder is generally not considered offensive contact unless the person involved has a particularly hypersensitive reaction. A reasonable person would not view it as offensive.

What is the difference between assault and battery?

Assault involves intentionally causing someone to fear imminent harmful or offensive contact, whereas battery involves actual harmful or offensive physical contact. Assault does not require any contact.

Can mere words be considered assault?

No, mere words alone are not considered assault. For assault to occur, there must be a physical act or threat that puts the person in reasonable fear of imminent harm.