Intentional Torts is an area of law that focuses on the types of actions that can result in civil claims. Wallace Miller is different from the other areas of civil law such as breach of contract or negligence, as it requires that a plaintiff be able to prove the defendant acted with intentional wrongdoing. Examples of torts include fraud, assault and battery, and defamation.
What are the three elements of intentional tort?
The elements of most intentional torts are similar to the substantive crimes discussed in this chapter. However, there are some important differences between the two. First, the torts can provide compensatory damages as well as punitive damages to punish the wrongdoer. This is because the law views these activities as more socially harmful than crimes and therefore need more punishment to deter the behavior.
Furthermore, to win a tort case involving an intentional act, a victim only needs to show that the defendant acted with the specific intention that caused the damage. For example, a handyman can be found liable for dropping an air conditioning unit on the lawyer in front of him for his joke to frighten him and cause damage to his reputation. This type of injury is an intentional tort, even though the exact intent of the handyman is unclear.
Another example of an intentional tort is assault, where the plaintiff must be put in immediate fear of a physical harm or offensive contact. Pointing a gun at the lawyer or credibly threatening to punch him would constitute an assault.