Essay on Intentional Tort
Intentional
torts refers to the civil wrong or injury caused to another individual due to a
willful misconduct or intentional wrongdoing of the tortfeasor. It is called intentional tort because the
individual responsible for causing the injury to another knew that his action will
lead to a particular result. In intentional
tort, it is not necessary that the tortfeasor desired to cause harm or injury
to another. It is sufficient he engaged
in actions that are likely to bring about the result which is the injury to
another. It is therefore not a defense on
the part of the tortfeasor that it was not his intention to cause the
injury. It is sufficient that he
willingly engaged in actions that are likely to bring about the injury.
In
intentional tort, the intent to cause an injury will be presumed from the
actions of the tortfeasor. If the action
of the tortfeasor is likely to cause an injury to another then the intent to
cause injury will be presumed as a matter of law. For example, an individual who shouts “Fire”
while inside a crowded cinema will be considered to be responsible for the
resulting injuries because the injury was likely to happen from his action
Intentional
tort should be distinguished from negligence.
If the duty of care to another is breached there is negligence. Intent
is not necessary in negligence tort. In negligence
tort therefore, it is sufficient to establish that the tortfeasor failed to take
the appropriate care to protect others from injury. However, if the action of
the tortfeasor is such that an injury is likely to happen then there is
intentional tort.
Intentional
tort does not require criminal intent. A tort is different from a crime. Thus, the injured party does not need to establish
that the tortfeasor had the criminal intent to harm him. The law only requires intent not ill will or
malice (Cathy Okrent, 2010, p.111). The law presumes the presence of malice from
the nature of the conduct committed by the tortfeasor.
Bibliography
Okrent, C. (2010). Torts and Personal Injury Law. New York: Cengage Learning.
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