Types of Tort and Examples of Tort Cases

Types of Torts

Types of torts and examples of tort cases are given in this article. Types of torts are provided under the Common Law. There are 3 types of torts. These are;

1. Intentional Torts
2. Negligent Torts
3. Strict Liability Torts

Table of Contents

Types of Torts

Intentional Torts

Intentional torts are the torts that occur when the defendant is intentionally causing injury or damages to another person i.e. aggrieved party. In this type of tort, the damage or injury is in the form of either physical injury or mental distress.

These are some intentional torts. Let’s see one by one;

Battery

Battery means when someone actually injured another person by use of physical force through physical contact with another person is called a battery. Here, the physical contact can be in form of either harmful or offensive.

When one person commits battery against another person then can face both civil and criminal proceedings against him.

So, there are three essential ingredients to the battery, these are;

1. Intention
2. Physical Contact
3. Injury

Assault

Assault means when someone threatened or attempted to injure another person without using any kind of physical force or without actually touching the body of the person is called assault. This is the major difference between assault and battery.

False Imprisonment

When one person restricts another person’s liberty i.e. ability to move freely, then it can be classified as false imprisonment. The plaintiff has to prove the not willful or unlawful detention and without consent. False imprisonment can be physical with the use of restraints or through unreasonable coercion or undue influence.

Trespass to Land

Trespass to land occurs when a person with wrongful intention enters into someone’s house or property and causes damage to their property. This type of tort has to be proved by the plaintiff that the trespass happened without their permission and the damage caused to their property hence the burden of proof always lies on the plaintiff. 

Mere entrance of a person into someone’s house does not amount to trespass to land or house, because they may enter the wrong house by mistake. So, to claim trespass the intention plays a major role and some damage should be there to your property. If there is no damage to property and someone enters your property then you can ask for an injunction.

But this rule does not stop currier workers and police officers to enter someone’s property without their permission. 

Fraud

Generally, fraud means cheating the other person for some benefit. These are some examples of fraud;

1) the suggestion as a fact, of that which is not true, by one who does not believe it to be true;

2) the active concealment of a fact by one having knowledge or belief of the fact;

3) a promise made without any intention of performing it;

4) any other act fitted to deceive;

5) any such act or omission as the law specially declares to be fraudulent.

Conversion

When someone wants to regain the property that was taken without their permission and can no longer be returned then the conversion of the property occurs. For example, it is used up or something else happens to it in the process.

If the property is sold, altered, damaged or misused then there are grounds for the conversion tort. And, this type of conversion property in tort only occurs to the tangible property which is seen with the naked eye. 

Intentional Infliction of Emotional Distress

The intentional infliction of emotional distress is the type of tort in which the defendant acts outrageously and caused emotional distress to the other. 

For example, if one person threatens another person or his/her loved ones or leaves someone stranded in a dangerous place causing them to experience severe distress could constitute intentional infliction of emotional distress.

Negligent Torts

Every person should be aware of their duties and obligations that there is a specific code of conduct that every person should follow and that it is the legal duty of the person not to act negligently in order to reduce the risk of injury to the other person. When someone fails to follow such a code of conduct and harms the other person then this is known as the Negligent Act of the person. For example, driving carelessly etc.

These are some negligent torts. Let’s see one by one;

Duty

One person has some duties towards the other person. For example, while driving it is the duty of the driver to drive the vehicle within the speed limit.

Breach of Duty

As above example, if anyone breaches the duty towards others made liable for compensating the other person. For example, if one person drives his vehicle negligently and hit the car of the other person then there is a breach of duty.

Causation

The burden of proof always lies on the plaintiff, this is the rule of law. Hence, the plaintiff must show that the breach of duty caused by the defendant caused damages to the plaintiff then the defendant is made liable to pay compensation to the claimant.

Injury

Due to the breach of duty, the other person causes an injury to the plaintiff or a member of their family, and then the defendant is made liable to compensate the claimant.

Nuisance

When one person breaches the duty towards the public then held liable for a penalty. If any person uses force and damages the public place then the defendant is made liable for a penalty for creating a nuisance in the public place.

Strict Liability Torts

These are some strict liability torts. Let’s see one by one;

Product Liability Cases

Product liability is the liability of the defendant that arises when someone is injured and it was caused by a defective product this is referred to as product liability.

Commodities that are made liable for strict liability can include:

1. Defective Manufacturer
2. Defective Packer
3. Defective Seller

This rule does not apply when the consumer purchases the product and modified it after purchasing than any loss to the consumer is caused due by the product then strict liability is not applicable.

Wild and Domestic Animal Cases

If someone keeps wild animals like lions, tigers, wolves, bears etc. and any injury caused by these animals to the other person then there is strict liability is applicable.

And, domestic animals like cats, dogs, parrots etc. also run away and attack the other person then the owner of the domestic animal is made liable and should compensate the injured party. The laws for domestic animals vary from state to state, in some states, there are strict rules for keeping domestic animals in residential areas.

Conclusion

In this article, we have seen the types of torts, and examples of tort cases. There are 3 types of torts that can be seen in the Common Law.