Intentional Tort

    Edited by: Vaani Garg

    Intentional Tort is a part of Tort that deals with purpose and intention to commit an act. As a reasonable person in the eyes of law, we assume that law protects us all, even the smallest act that’s done wrong to others with an intention to cause damage or harm. 

    The following is included as Intentional tort:- 

    Battery

    When some power is applied physically to the body of someone else in an offensive way which causes some harm is called battery. Battery establishes the offensive contacting which isn’t agreed by the other party. Regardless of whether the individual didn’t expect to harm the other individual however in the event that he has the information that his demonstration could hurt somebody in any capacity then likewise the battery is comprised. The individual freedom of the individual is meddled in any capacity with the goal to cause hurt.

    Components of battery incorporate

    • There must be an intent to use some physical force.
    • There must be actual physical contact with the body of another person.
    • There must be some harm. 

    Assault

    When the act of one person creates an apprehension in the mind of another person that such act is intended to cause harm. It could range from pointing a gun at a person to verbally threatening a person. Apprehension should not be confused with fear. Apprehension is when a person is aware that the injury is imminent. There is an ambush if an individual takes steps to fire another while pointing a weapon another him, regardless of whether the casualty later finds that the firearm was not stacked. In contrast to the battery, there is no physical contact in an ambush.

    Essential elements of assault are

    • There must be an apprehension of harm. 
    • There must be an intention to use force. 

    False imprisonment

    It is the unlawful restriction of the individual without his will. It isn’t essential that individual ought to be put behind the bars, an insignificant difficulty of getaway against the desire of the individual from a specific zone is sufficient to establish a misdeed of false imprisonment. It incorporates the utilization of physical force, a physical hindrance like a bolted room, invalid utilization of lawful position. False imprisonment is the piece of false detainment which incorporates confining of the individual by the police without legitimate position. 

    Basic components of false imprisonment are –

    • There must be an intention 
    • Period of confinement
    • Knowledge of the plaintiff  
    • Place of confinement 

    Malicious prosecution falls within the category of false imprisonment. It not only includes malicious proceedings and arrests instituted falsely but also includes malicious search, malicious bankruptcy and liquidation proceedings. 

    In order to prove malicious prosecution, these essentials should be kept in mind- 

    1. There must be malice towards the plaintiff
    2. The absence of reasonable cause
    3. Prosecution by the defendant
    4. Damage was suffered by the plaintiff as a result of the prosecution 

    Trespass

    It is the intentional, unreasonable invasion of the property, land, person or goods. The unreasonable interference can cause harassment or harm to the other person, no matter how slight it is. The lawful right of the proprietor of the property is encroached on the grounds that he is denied of his entitlement to appreciate the advantage of the property by the misappropriation or misuse of his right.

    Types of trespass are

    Trespass to individual: When a wrong is done to the individual and here and their right to freedom and impedance is caused to the body of the individual. It is an intrusion of individual’s person’s right to freedom. The pride of the individual is secured by it, regardless of whether no physical injury is caused. For instance, taking the fingerprints of an individual. It comprises of following misdeeds: attack, battery, and false imprisonment.

    Trespass to land: Unlawful interference to the land of some other person is the trespass to land. Land here includes not only the building and the surface but also the subsoil and airspace. Regardless of whether there is no harm done to the property however on the off chance that the individual enter the place where there is someone else without his authorization, at that point it is trespass. If a delivery boy was supposed to deliver the goods at the front door of the house but seeing the house open he enters one of the rooms to which he was not entitled, then he has done trespass to land. An individual won’t be at risk for trespass on the off chance that he enters the premises or land to spare the life of someone else. For example, if a person sees in a baby trapped in a fire in a house, then if he enters the house to save him he will not be guilty of trespass. The owner of the property owes some duty to the guest. If any guest is injured on the property in possession of the owner then the owner can be held liable. 

    Trespass to chattels: Also referred as trespass to personal property or goods, it is the interference or unauthorised use of person’s lawful possession of property without his permission. Chattel can be referred to personal property whether moving or not but it does not apply to land or real property. For example, two friends were studying together. After they were done with studies one of the friends took the book of another assuming it to his book. There is trespass to chattel as there was an intention to take the book. So the mistake of ownership cannot be used as a defense in this case. The person can recover actual damages which are measured by the diminished value of the chattel that resulted from the defendant’s actions. 

    Defamation 

    It is an injury or harm caused to the reputation, goodwill or character of the person. There are two types of defamation in the form of Libel and Slander.

    Libel is the publication of a false statement which is likely to cause harm to the reputation of another person. Publication means it should come into the notice of the third party. It must be in printed form for example writings, pictures, cartoons, statues etc.

    When the false spoken statement results in lowering the reputation of another person then it is slander. In, Harash Mendiratta v. Maharaj Singh, it was held that only the person who has been defamed can maintain an action and not his friends, family or relatives. Sometimes the statement may appear to be innocent but there might be some hidden meaning to it. In order to file a suit for defamation, the plaintiff must prove such hidden meaning. Defamation in the law of tort deals mainly with libel.

    Some of the defences to defamation are 

    • A substantially true report was published.
    • When the case has been decided by the court it is not defamatory to express any opinion on the merit of the case in good faith.
    • Any truth which is published for the public interest.