Law Of Torts: Intentional Torts

Intentional torts

These are offences, which are committed by a person who intends to cause harm. Intentional torts offer a legal remedy to people whose protected properties are purposefully harmed by others. The plaintiff must establish all the elements listed below in order to have the case against the defendant (prima facie). .

A wrongful act by another- A plaintiff must present the purposeful act voluntarily committed by the defendant. The act must be intentional and that the defendant has invaded a legally protected interest. It must also be a wrongful act.

Requisite intent- exists when a defendant is aware that the act is going to cause injury to the plaintiff. The intent can be specific or general. A person has specific intent if the purpose is to cause certain consequences while having general intent one act knowing with certainty that some consequences must arise though not specific.

Causation- For causation requirement, the plaintiff must prove that the defended is liable for the harmful result through his wrongful act. The plaintiff succeeds to prove this only when the conduct of the defendant is significant in causing the injury.

Damages -the plaintiff must ascertain that the defendant act has caused some injury or harm.
Intentional torts against the person

Intentional torts against a person include battery, assault, malicious prosecution infliction of emotional distress, defamation, fraud and false imprisonment.

Battery is an intentional act by the defendant causing the plaintiff harmful or offensive physical contact. There must not be an actual injury for the plaintiff to recover the damage.

Assault is an attempt by the defendant to cause a feeling of fear and apprehension of injury. The plaintiff must be aware of the defendant action to cause apprehension of fear.  The apprehension is considered if it would cause an immediate harm or offence.

False imprisonment is a tort that occurs when a defendant confines or restrains the plaintiff in a bounded area. The defendant may act or fail to act. Exceptionally, false imprisonment tort offers business merchant privilege to detain suspected short lifters while they perform investigation. The privileges are

a.       The merchant must have a reasonable belief of the act of the short lifter
b.      Detention must be conducted reasonably, and the merchant can only use non-deadly force.
c.       The detention must happen within a reasonable period and should only happen to give room for the investigation of the suspected theft.

Infliction of emotional distress arises when a defendant purpose to act in n extreme or disgraceful manner causing the plaintiff to suffer emotional distress. The act must have gone beyond the decency of a civilized society. The conduct is measured through a reasonableness test hence mere annoyance is not enough to prove the case. However, in cases where the defendant is aware that the victim is sensitive and more vulnerable to emotional distress than an ordinary individual is, then the conduct of the defendant is measured by the sensitivity standard of the victim.

Defamation is an intentional tort that protects the reputation. Person who is attacked should take a legal action against those who attack them. For any cause of action, the plaintiff must prove the following elements.

·         False and the defamatory language by the defendant.
·         Defamatory language was publicized to a third party who understands it as such.
·         Defamatory statement referring to the plaintiff was understood by a reasonable listener, reader or a viewer.
·         The injury caused by the defendant to the reputation of the plaintiff.

Categories of Defamation

There are two categories of defamation, which are libel and slander.

A.    Libel is a defamation statement recorded in permanent form such as carvings, pictures, movie, on radio or television. Libel is in two types

·         Libel per se, which occurs when the statement is defamatory in its face and need not be explained.
·         Libel per quod, which is not defamatory in its face thus it requiring additional facts.

B.     Slander is a spoken defamation. It is less permanent and has a narrow area of dissemination. Slanders, which are harmful are known as ‘slander per se’ and include
·         Holding a person guilty of a major offence of moral turpitude
·         Affecting a persons business, professional or trade adversely
·         Imputing a despicable disease to a person
·         Accrediting that an unmarried woman is unchaste

Invasion of privacy is an intentional tort that protects a person’s right to privacy.

The four privacy torts are appropriation, intrusion, false light, and public disclosure

Fraud is also known as intentional misrepresentation. It provides a platform for any intention lawsuit. Lastly, malicious prosecution protects a person prosecuted without probable cause and result to damage on that person.
                                                            Intentional torts against the property

The law has a provision for a protection of a person property. The four types of intentional torts to property are:

a.       Trespass to land- it happens when a person enter  another’s real property or land without permission or legal authority.
b.      Trespass to chattels- this is a defendant purposeful act to interfere with the plaintiff interests and possession of a chattel. A conduct damages plaintiff personal properties such as clothes and jewellery.
c.       Conversion- it is a defendant act to have dominion and control over the plaintiff’s chattel.
d.      Defamation to property

Defenses

There are three types of defenses, which are consent, self-defense and defense of property. Consent defense holds that where plaintiff had consent to the act, the defendant will not be liable. Self-defense occurs when a person uses force to protect himself from harm, after realizing is being attacked. Lastly, defense of property happens when a person uses force to protect own property.

 Negligence

This is an unintentional tort. The intention of the actor is not to bring the injuries, but the act result to harmful consequences.

Elements of the Negligence Cause of Action
There are four elements of negligence, which are duty of care, breach of duty, causation and damages. Duty of care involves actors taking precautions to avoid causing harmful consequences. Breach of duty occurs when a defendant fail to adhere to plaintiff set standard. Causation refers to connection between the careless conduct of the defendant and the harm caused to the plaintiff. The elements of causation are actual causation, also known as “cause in fact” and legal causation, also known as “proximate cause.” Lastly, damages involve proving that the plaintiff has incurred loss or damages.

Types of Special Negligence Doctrines

a.       Doctrine of ‘res ipsa loquitur’ which means "the thing speak for itself”
b.      Doctrine of “negligence per se”
c.       Doctrine of negligent infliction of emotional distress

Defenses to a lawsuit for negligence
a.       Contributory negligence- this is plaintiff careless act that contribute to his/her injury.
b.      Comparative negligence- plaintiff and the defendants damages are determined and the plaintiffs damages are reduced proportionally to the fault he/she committed.

c.       Assumption of the risk- it happens when the plaintiff voluntarily encounter a known risk.

 References

Cavico, Frank. J. and Mujtaba, Bahaudin G. (2008). Legal Challenges for the Global Manager and Entrepreneur. Dubuque: Kendall-Hunt Publishing Company.