In the United States, torts are categorized in three general areas: intentional torts, negligent torts, and strict liability torts. A tortfeasor that falls under an intentional tort must have intended to commit the act. This means they intended the consequences of the act and/or they knew with certainty what would result from their actions. Intentional torts are against a person(s) or property; however, state laws may differ when filing your claim.
I.Assault and Battery
- Assault is an intentional, unexcused act that
- Creates a reasonable apprehension of fear of immediate harmful or offensive contact and requires no contact.
- Battery is the completion of the assault and can be
- Intentional or unexcused that can be harmful, offensive, and/or unwelcomed.
- Physical contact
- Intentional confinement or restraint of another persons’ activities without justification.
III.Infliction of Emotional Distress
- Intentional act that is extreme and outrageous, which results in severe emotional distress in another and is calculated to cause a serious kind of mental distress.
- Wrongfully hurting a person’s reputation; the law imposes a duty to refrain from making false statements about others. Orally breaching is slander and breaching it online is libel.
- Slander: A plaintiff must prove “special damages” to prevail for slander
- Libel: General damages are presumed, and the plaintiff does not have to show actual injuries
The COB Legal Information Clinic has other material on this subject.