What Is An 'Intentional Tort?'

10056 views • Jul 25, 2017

An intentional tort is similar to negligence, with the added element that instead of caused by neglect or failure to abide by a duty, the person acted with intent in causing the damages, such as in battery, or an assault. Or sometimes even a defamation, where someone intentionally slandered the name of another. What are common law intentional torts? Common law torts are torts that come from ancient England. You're only allowed to sue for certain torts under common law; for example, there was no statute for wrongful death. So if someone was killed in your family due to the wrongs of another, that person could be punished criminally, but there was no way to sue that person because the victim's tort was deemed to have died with the victim. But later on in the United States, the states in this country decided that it was unfair and there were also situations where we had Hatfields and McCoys going around shooting each other because you may have killed someone's uncle and now the uncle's family members were going to come after you and try to kill one of your family members. We had a lot of that going on in the early days in this country with people wearing guns and carrying shotguns everywhere with them, so a lot of the states decided to come up with a statute that would allow people to recover for wrongful death. Now under English common law we have several different types of torts that you could recover from. Conversion: if you were to convert someone's property to your own use, you could sue that person who converted that property. If someone trespassed on your land, you could go after that person for money damages, for trespass. There was also false imprisonment, where if you falsely imprisoned someone, not allowing them a reasonable means of escape, you could recover under English common law. But modernly, statutes and legislation have expanded the common law notions of negligence to include many other things, like I said, such as wrongful deaths, survival statutes, etc. Thanks for watching our video Tort Law Terms For more how to videos, expert advice, instructional tips, tricks, guides and tutorials on this subject, visit www.videojug.com the topic Tort Law. *Disclaimer, This is a free, educational video created by Michael Ehline and VideoJug. It is not intended as legal advice. Each state and jurisdiction may have its own laws. This video series is intended to provide general information as would be taught in a law school. To learn more about making your own video, contact us and to learn more about personal injury law generally, or to update or make corrections, contact attorney Michael Ehline at https://losangelesaccidentpersonalinjury.attorney/video-library/ at (213) 596-9642.