Free

What Is Intentional Tort All About - Research Paper Example

Comments (1) Cite this document
Summary
The paper "What Is Intentional Tort All About" discusses that in a civil action for intentional tort, the plaintiff must be able to establish strong proof of intent and disprove the defences of the defendant to be able to ask for remedy or reparation of the damage caused to him or her…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.8% of users find it useful
What Is Intentional Tort All About
Read TextPreview

Extract of sample "What Is Intentional Tort All About"

Introduction
There are many cases in our society where people are assaulted with or without reason. A lot of us are not really well informed about these issues. People may be experiencing these attacks, beating, smashing, whipping and other acts that inflict pains or damages to them or even to their properties but nobody even tries to act about this. These acts are considered as intentional torts.
Intentional torts are any infliction of injury or damage to a person or property that was carried out with malice, wilfulness, or reckless disregard for other person’s rights (www.personal-injury-info.net, Intentional Torts-Malice). Larson (2005) defined intentional torts as something that occurs where the defendant intentionally causes the plaintiff to suffer an injury or damage. Thus given the definitions above, there is a need to know more about intentional torts.
Discussion
Intentional tort is one of the three classifications of Personal law or Tort law. Personal law or Tort law is intended to protect a person or property from injuries or harms because of someone else’s action of failure to act (http://public.findlaw.com, Personal Injury). This claim is civil in nature which the defendant compensates the victim with money or another remedy which is an injunction (http://public.findlaw.com, Personal Injury). The other two classifications of torts are negligence and strict liability (http://public.findlaw.com, Personal Injury). Intentional tort differs from these two other forms because of the presence of intent, will, or malice. Negligence is absence of intention to cause harm or injury but injury or damage is caused if a person acted unreasonably or without care. Strict liability is designed to take care of the unwarranted risks of harm to community for those people who engaged in risky activities.
For intentional torts cases to proceed, the victim must be able to prove that the defendant has an intention or malice to harm or cause injury to the victim. Therefore, a person liable for an intentional tort is someone who acted with plan to cause injury and not just someone who acted carelessly. For example, a pharmacist gave a medicine to a customer which is not the one identified in the prescription given by the doctor. As a result, the customer suffered injuries and was hospitalized. The pharmacist can be said to have acted with malice and intent to harm the victim because the person did not give the proper medicine prescribed. A person should desire to inflict harm to others. Historically, this is what usually what the courts require to be able to prove intentional tort.
The most common examples of intentional torts are assault and battery (Larson, 2005). In these forms of tort, the doer intends to cause damage to victim as opposed to causing harm by accident or oversight (Larson, 2005). However, as time goes by, the courts have different requirements and decisions for cases.
Intentional torts may be committed in one of two ways: 1) when the defendant intends to cause the harm resulting from his or her actions; and 2) when the defendant has substantial certainty that harm will result (White v. Muniz, 2000). In the case of White v. Muniz (2000), there was an issue whether an intentional tort requires some proof that the defendant not only intended to contact another person, but also intended that the contact be harmful or offensive to the other person. Thus in this case, there is a question whether the person should not only intend to harm the other person but also intend that his action is harmful to other person. The defendant is Everly, an 83 year old person diagnosed with primary degenerative dementia of the Alzheimer type, senile onset, with depression. Muniz, the plaintiff, is a shift supervisor in an assisted living facility where Everly stayed. Muniz was advised by the caregiver that Everly was very agitated recently and was not cooperating. When Muniz reached to change Everly’s diaper, Everly struck Muniz on the jaw and ordered her out of the room. Muniz filed a case against Everly alleging assault and battery, the two most common examples of intentional torts.
Battery as a form of intentional tort was defined in Brzoska v. Olson (1995) as an intentional, unpermitted contact on another which is harmful or offensive;  and that the intent necessary for battery is the intent to contact the person. The court in White v. Muniz (2000) held that regardless of the characteristics of the alleged tortfeasor, a plaintiff must prove that the actor desired to cause offensive or harmful consequences by his act and plaintiff need not prove, however, that the actor intended the harm that actually results. Mental illness is not a defense to an intentional tort, however it may, like other mental states (such as infancy), be viewed as one factor in the totality of circumstances upon which a jury relies to make its determination (White v. Muniz, 2000).
CONCLUSION
Intentional tort is therefore different from the two other forms and is deemed intentional if the defendant intended for the physical consequences or damage to happen or will likely happen as a result of their action (www.personal-injury-info.net, Intentional Torts-Malice). Intentional tort and the two other forms of Torts (negligence and strict liability) are different in such a way that malice and intent are present in the former while absent in the latter.
As a civil action, intentional tort is considered as one of the cases which courts have varying decisions over time. Not only does intentional tort can be committed in different ways, there are also varying requirements of proof to proceed on this action and many defences to bring the action into dismissal. Intentional tort can be committed in two ways such that a person intends to cause harm resulting from his actions and the other, a person has significant belief that harm will result. The possible defences in intentional torts used by the defendants are consent, self-defense, defense of others, defense of property, repossession of property, public necessity, private necessity, assumption of risk, truth, comparative negligence or justification (www.personal-injury-info.net, Intentional Torts-Malice). Thus, in a civil action for intentional tort, the plaintiff must be able to establish strong proof of intent and disprove the defences of the defendant to be able to ask for remedy or reparation of the damage caused to him or her.
Cases:
Brzoska v. Olson, 668 A.2d 1355, 1360 (Del.1995)
White v. Muniz, No. 98SC760 (2000)
Web:
Larson, Aaron. Intentional Torts and Personal Injury, (2005). Web. 29 June 2011
“Personal Injury.” http://public.findlaw.com, (2004). Web. 29 June 2011
“Intentional Torts-Malice.” www.personal-injury-info.net, (n.d.). Web. 29 June 2011 Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Intentional Torts Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1427117-intentional-torts
(Intentional Torts Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1427117-intentional-torts.
“Intentional Torts Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1427117-intentional-torts.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
nm
nmills added comment 11 months ago
Student rated this paper as
I didn’t know how to start my text. "Intentional Torts Essay" helped me out a lot! Especially the list of ideas was valuable.

CHECK THESE SAMPLES OF What Is Intentional Tort All About

All about Coal

...of mankind. Works cited American Coal Foundation (2011). “All About Coal”. FAQ’s About Coal. Web. 06 April, 2011. Print. Kiewit Corporation (2011). “Projects: Black Butte Coal Company”. Black Butte Coal Company - Point of Rocks, WY. Web. 06 April, 2011. Print. Merriam-Webster (2011). “Coal”. Web. 06 April, 2011. Print. Mineral Information Institute (2011). “Coal Mining Reclamation”. Web. 06 April, 2011. Print. Morgan, Jason (2010). “Comparing Energy Costs of Nuclear, Coal, Gas, Wind and Solar”. Nuclear Fissionary. Web. 06 April, 2011. Print. One Pakistan (2010). “Government Committed to Utilize Coal Reserves to Boost Economy: Hafeez”. Islamabad: Federal Minister for Finance, Dr. Hafeez...
7 Pages(1750 words)Research Paper

All About Christianity

...All about Christianity Christianity, which developed out of Judaism in the 1st century C.E., is foundedon the life and teachings of Jesus Christ. Although Christianity has many different branches with accompanying sets of beliefs and practices, its three major categories are Roman Catholicism, Eastern Orthodoxy, and Protestantism. Regarded as the largest religion in the world, its primary beliefs bank on two essential tenets: first, that there is one and true God who exists as the Father, the Son, and the Holy Spirit; and second, that Jesus Christ is the divine and human Messiah who was sent to save the world. Christianity’s sacred literature is called the Bible, which is comprised of the Old Testament...
6 Pages(1500 words)Research Paper

All About Malaria Coursework

...?All about Malaria Introduction Malaria is a serious infection caused by the bite of mosquitoes. The parasite that causes malaria is known as Plasmodium. When an infected mosquito bites man Plasmodium is transmitted to the individual’s body and cumulates in number. The multiplication of these parasites takes place in liver and there after infects red blood cells. Though the normal way of malaria transmission is through mosquito bite, in rare case it is caused by transfusion of blood and from a pregnant mother to fetus (Griffith 2006, p. 451). As studies indicate (Rietveld & Schlagenhauf 2008, p.214), malaria produces more complications in pregnant women and young children because these groups are more...
4 Pages(1000 words)Coursework

Product Liability and Intentional Tort

...?Hypothetical Issues on Product Liability and Intentional Tort Hypothetic Product liability issues in the case Chase’s hypothetic case of injury by the paper shredding machine within the work place touches on whether Chase should be compensated for personal injuries caused by the machine. Product liability law is a division of tort law which seeks to a cause of action against the product’s manufacturer, seller or designer in situations where a person is injured by the product. Over the years, product liability law has shifted the liability arising from an unsafe product from the consumer towards the seller in order to safeguard the consumer. The rationale for placing high liability on the...
4 Pages(1000 words)Essay

All about Jupiter

...? All about Jupiter Jupiter is the fifth planet from the Sun and the largest planet of the Solar System. “It is so massive that over a thousand Earths could fit in its volume.” (“Introduction to Jupiter”) Other unique characteristics of Jupiter are its many moons: four enormous moons, its many smaller moons, its rings, its lack of a solid surface and the Great Red Spot found on its surface. These features give Jupiter the distinction of having its own “miniature solar system.” (“Jovian Giant”)For many years astronomers and scientists have been intrigued with the planet of Jupiter and exploration of the planet seems to be ongoing. There are many theories about the formation of Jupiter. The...
5 Pages(1250 words)Essay

Elements of Crime and Intentional Tort

...Elements of Crime and Intentional Tort -U1-IP What did Bidder's Edge do that was different than eBay's normal s Why does it matter to eBay According to the article, Bidder Edge did something that was different from what eBay's customer did. Even though the eBay site was accessible to the public at large, they had allowed limited access to their customers. Bidder Edge had a hit of 80,000-100,000 per day which was harming the eBay's system to be slow, data loss and even system unavailability. This was not how eBay intended their customer to use their server as they were allowing their customers only a limited access to it. What is the definition of traditional trespass to personal property The traditional definition of trespass... to...
3 Pages(750 words)Essay

Tort Liabilities

...damages such as the loss of income capability, medical expenses that are reasonable, and the pain and suffering that injured person may have faced. Current losses and any expected future losses will be considered in these situations. David, most likely, may be charged for intentional tort. What is a Tort Law (2002) gives explains an intentional tort in more detail, "An intentional tort means exactly what it sounds like -- the tortfeasor, person who committed the tort, intended to commit the act or bring about a particular response or consequence. The desire to harm a person is not...
13 Pages(3250 words)Case Study

Read all about it

...are shorter than 4 characters. 90% are shorter than 9 characters while almost all at 99% are not more than 11 characters in length. Table 3. Descriptive statistics: Length of words in newspaper. Mean 4.57 Standard Error 0.25 Median 4.00 Mode 3.00 Standard Deviation 2.50 Sample Variance 6.23 Kurtosis -0.10 Skewness 0.87 Range 10.00 Minimum 1.00 Maximum 11.00 Sum 457.00 Count 100.00 On the other hand, the average length of words in a newspaper is 4.57, with a standard deviation of 2.50. The median is 4.0 and the most frequently occurring word length is 3.0. The shortest word has only 1 character and the longest has 11 characters. There are also a total of 100 words for the newspaper sample. Table 4. Cumulative percentage...
4 Pages(1000 words)Essay

All is about Malala

...wondering around her in an uncontrolled fashion. Another distinction between the two cases can be understood by realizing the fact that Emma’s struggle is driven by her intent of getting compensated for the misdeeds of others. She is struggling hard in order to get revenge from the offender in order to make her life safe on the campus. Malala’s case on the other hand reflects her intent of struggling to get her right to education; not only her own right, but also the right of her fellow students. Even after she gets injured, she talks about the rights of her own people in order to allow them get educated to the maximum extent possible. So, it appears that her struggle is not for her own...
4 Pages(1000 words)Essay

All about environmentalism

...environmentalism to racial, sexual, and economic discrimination; this has pushed some environmentalists to protect the rights of all the people to expand the entire ecosystem. Environmental history regards moral code is revolutionary and has caused theatrical development of the human thought. On the other hand, this discrimination was being driven forward by a certain group of individual who was enjoying the fruits from the contradiction of ethics to other groups. However, the science of ecology and diffusion into dispersal traditional eagerness, and biology came up with new commencement for a moral community (Nash, 1989). Describe the principles of environmental health Scientific concern on the subject of the quality...
3 Pages(750 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic What Is Intentional Tort All About for FREE!

Contact Us