The Intentional Tort

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  • Topic: Injury, Tort, Damages
  • Pages : 2 (589 words )
  • Download(s) : 466
  • Published : February 21, 2012
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The Intentional Tort
An intentional tort requires intent to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.

Assault is any intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create in another person a reasonable apprehension of harmful contact. An assault can be completed even without physical contact with a person. If a person uses words or acts that create apprehension of harmful contact, it is considered assault. Tort law stands to protect individuals from having to expect harmful or offensive contact. Battery is defined as the act that caused the apprehension if it results in harm to the plaintiff. It is the unexcused and harmful or offensive physical contact intentionally performed. The contact can be harmful or offensive and physical injury does not need to occur. In fact the contact may involve any part of the body or anything attached to it such as clothing or accessories. The contact could be made by the defendant or by some force the defendant set in motion.

If the plaintiff shows there was contact and a jury agrees the contact was offensive, the plaintiff has a right to compensation or compensatory damages. Compensatory damages are monetary awards equivalent to the actual value of injuries or damages sustained by the aggrieved party. There is no need to show the defendant acted out of malice because the person could have not been serious and just joking. The underlying motive does not matter but it is the intent to bring harm or offensive contact with someone. The damages a plaintiff may be...
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