Intentional torts are deliberate violations of legal obligations in the US, allowing victims to seek monetary compensation for damages caused. Willful torts require proof of intent and can result in punitive damages, while negligent torts involve a breach of duty to exercise reasonable care. Insurance cannot indemnify against intentional wrongdoing, and intentional torts include assault, battery, false imprisonment, conversion, and trespassing. Criminal charges may also be filed.
An intentional tort is a type of tort in the United States, in which a person deliberately violates a legal obligation to another party. Torts are private actions that an individual can bring against another individual. They are distinct from crimes, which are to be prosecuted by the federal government.
In the United States system, tort law allows a victim of another person’s actions to receive monetary compensation for the damages caused by those actions. If a person commits a tort, they are referred to as a “tort-performer”. The victim of such a tort can bring a private civil action against the offender for compensation for actual pecuniary damages, and in some cases for compensation for punitive damages as well.
Torts in the United States are divided into two types: willful torts and negligence. If a person commits an intentional wrongful act, it means that he willfully violated a legal duty he owed to the victim. This is different from a negligent tort, where the offender has breached a duty to exercise reasonable care in her actions with others.
The distinction between intentional tort and negligent tort is important for several reasons. First, if an individual wants to sue for an intentional tort, he must prove that the perpetrator acted with “intent”. This is a separate legal requirement that the plaintiff must meet, in addition to proving all other facts of the case and proving actual damages.
Intentional torts also increase the possibility that the perpetrator will have to pay punitive damages. Punitive damages are damages intended to punish the perpetrator, rather than simply compensate the victim. Punitive damages can sometimes be several times the amount of the actual damages sustained by the victim.
Also, a person generally cannot purchase insurance to indemnify themselves for willful wrongdoing. This means, for example, that while a person’s auto insurance would pay for negligent damages if he were sued, his auto insurance would not pay if he intentionally ran over someone with his vehicle. It is not possible to take out insurance to protect yourself against liability for tort for reasons of public order.
Intentional wrongdoings include assault, battery, false imprisonment, conversion, and various trespassing actions. Certain other actions in which one person intentionally wrongs another may also be considered willful torts. An individual facing legal action for committing an intentional tort may also face criminal charges for her actions, but criminal proceedings are separate legal proceedings with a greater burden of proof than that required to prove wrongful action .
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