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Search Results - Intentional tort

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An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.

As a matter of public policy, damages available for intentional torts tend to be broader and more generous than for negligent torts. In order to preserve individual well-being and overall social welfare, society generally wishes to deter its members from intentionally attacking each other. For example, in the United States, it is easier to get punitive damages (damages above and beyond compensatory damages) if one can prove that the tort was intentional. But it is harder to prove intentional torts because as with many felony crimes, one must prove subjective elements involving the content of the defendant's mind, and defendants do not always express their harmful intent out loud or in writing.

The key difference between intentional torts and negligent torts is that the plaintiff must prove the additional element that the defendant acted with the specific intent or mental state of intentionally performing the act which was the proximate cause of the plaintiff's injuries. Under doctrines such as transferred intent, the plaintiff need not always prove that the defendant acted with the intent to bring about the specific injury that actually occurred.

Not every intentional action qualifies as an intentional tort. Suppose an investor holding more than half of a corporation's stock votes on changes the other stockholders find detrimental. If the other stockholders suffer damages as a result, this is not a tort, as the powerful investor had a right to vote whichever way he liked. Thus, the other stockholders cannot sue the aforementioned investor for damages. If, on the other hand, John Doe physically attacks a passerby in the street, and as a result the passerby incurs medical bills, John is liable for these costs, as he is guilty of the tort of battery.

Showing 1 to 8 of 8 Articles matching 'Intentional tort' in related articles.
Pages: 1

1. Brief Overview of Personal Injury Law
November 19, 2009

Personal injury law, or "tort" law, the French word for "wrong," covers a broad range of issues when a person has been injured or property has been damaged. This body of law allows one to receive compensation for an injury or damage to belongings caused by someone's carelessness, recklessness, or intentional misconduct. Automobile accidents are prime examples of the types of events covered by tort law. The wrongdoers, or defendant, is referred to as the "tortfeasor." Generally, state law governs personal injury lawsuits. In certain circumstances, however, federal law may apply. For ... (read more)

Author: Emauelle Sylvaine

2. Intentional Harm to a Person or Property
November 05, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or... (read more)

Author: Carolyn Ria

3. Intentional Harm to a Person or Property
September 24, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or of... (read more)

Author: Jesse Gulistan

4. Intentional Harm to a Person or Property
September 17, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or of... (read more)

Author: Lore Pelagia

5. Elements of a General Negligence Claim in Los Angeles
April 20, 2008

General negligence refers to an individual’s recklessness and lack of caution that causes injuries or damages to another person. General negligence is the most common cause of tort. There are more negligence cases than intentional torts. A negligence claim can be very complex than it may seem. A lawsuit on a case like this in Los Angeles will do best with a legal assistance of a personal injury attorney. There are four primary elements of a general negligence claim – each of which needs to be established with accuracy and determined with preciseness. Each will be discussed at length ... (read more)

Author: Jinky Belle Abelardo

6. Torts in the City of Los Angeles
April 04, 2008

Los Angeles City personal injury lawyers have many practice areas. These include cases on: • Vehicle Accidents • Brain Injury Claim • Wrongful death claim • Premise liability claim • Animal attack • Product liability claim • Slip, trip and fall injuries • General negligence • Medical malpractice • Spinal cord injury • Construction liability There are lots of personal injury claims that may arise from torts. Thee torts may take the form of the following: • Intentional Tort Intentional torts are wrongful acts that are deliberately caused by an individual to another.... (read more)

Author: Jinky Belle Abelardo

7. Understanding Personal Injury Claims
February 11, 2008

Injured within another person’s premises? Suffered damages in a car accident? Lost a loved one in a wrongful death? Offended by another person with an act of slander? Then you are entitled to a personal injury claim. Personal injury is a wrongful act of a person which caused injuries or harm to another, even death. A personal injury claim can be filed by any person who suffered damages because of another person’s intentional act, or negligence. Parties may have a valid reason to initiate a legal action against a wrongdoer in the following grounds: • Intentional tort • Unintenti... (read more)

Author: Jinky Belle Abelardo

8. Atlanta Personal Injury Laws
March 13, 2006

Personal injury law covers a broad spectrum of issues. In legal parlance, personal injury law is also known as ‘tort’ law. The Georgia Tort Claims Act governs the Atlanta Personal Injury Laws. Personal injury or tort law is the body of law that allows a victim to be compensated for injuries caused by another person or business, due to the latter’s carelessness, recklessness or intentional misconduct. Automobile accidents are the best examples of injuries that are covered by tort law. If a driver hits the back of another car while it is stationary at a traffic signal, he is considered as having... (read more)

Author: Eric Morris

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