Section 3.1

Definition of a Tort

Section 3.1 Definition of a Tort

A tort is a private wrong committed by one person against another person or another person’s property.

Section 3.1 Definition of a Tort

A person who commits a tort is called a tortfeasor.

In a lawsuit, the tortfeasor is the defendant and the victim is the plaintiff.

Section 3.1 Definition of a Tort

An intentional tort is an act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property.

Section 3.1 Definition of a Tort

The most common intentional torts against individuals are:

assault and battery

defamation

intentional infliction of emotional distress

false imprisonment

invasion of privacy

Section 3.1 Definition of a Tort

An assault occurs when an individual threatens to harm an innocent person using words, gestures, or both.

Section 3.1 Definition of a Tort

Battery occurs when someone deliberately touches another person or that person’s clothing against his or her wishes.

Section 3.1 Definition of a Tort

False imprisonment occurs when one person unlawfully restrains another from moving freely. It may involve physical restraint or merely a show of force.

Section 3.1 Definition of a Tort

Defamation occurs when one person lies about another in a way that damages his or her reputation.

There are two types of defamation: libel, which is written, and slander, which is oral.

Section 3.1 Definition of a Tort

Citizens have the right to live without others intruding on their personal life or private records.

Invasion of privacy occurs when someone violates this right.

Section 3.1 Definition of a Tort

Intentional infliction of emotional distress occurs when one person purposely causes another person mental anguish.