An intentional tort is a civil wrong that results from deliberate conduct rather than mere carelessness.
Why It Matters
This concept matters because tort law treats deliberate wrongdoing differently from accidental harm. The elements, defenses, and damages analysis can change significantly when the defendant acted intentionally.
Where It Appears
Intentional torts appear in civil lawsuits involving harmful contact, threats, confinement, fraud, trespass, defamation, and other deliberate misconduct.
Practical Example
A person knowingly strikes another person during an argument. That may lead to an intentional tort claim rather than a negligence claim.
How It Differs From Nearby Terms
Negligence is based on a failure to use reasonable care. Intentional torts involve purposeful conduct or a deliberate invasion of another person’s rights. Strict liability is different because it can apply without proving intent or negligence.
Related Terms
Knowledge Check
- What makes a tort intentional? It arises from deliberate conduct rather than from simple carelessness.
- How is an intentional tort different from negligence? Intentional torts involve purposeful wrongdoing, while negligence involves unreasonable carelessness.