Intentional Torts

What are Intentional Torts in Tort Law?

Quick Definition

Intentional torts are civil wrongs committed deliberately rather than through carelessness or negligence. The defendant must intend either the act itself or its consequences, depending on the specific tort involved. Common examples include assault, battery, false imprisonment, trespass, and intimidation.

In Context

Intentional torts protect individuals against deliberate interference with their person, property, or rights. For example, battery involves intentional physical contact without lawful justification, while false imprisonment concerns the unlawful restriction of a person’s freedom of movement. In Wilkinson v Downton (1897), the court recognised liability where intentional conduct caused severe emotional harm, demonstrating that intentional torts can extend beyond physical injury. These torts differ from negligence because the claimant does not usually need to prove a duty of care or lack of reasonable caution. Courts often treat intentional wrongdoing more seriously, meaning damages may include compensation for distress, humiliation, or even exemplary damages in exceptional cases. Intentional torts are particularly significant in cases involving abuse of authority, personal violence, or deliberate economic harm.

See Also

• Assault and Battery

• False Imprisonment

• Intimidation

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