Also known as: intentional torts
Written by attorneys · grounded in primary & secondary sources — see below
A civil wrong, other than breach of contract, committed when the actor acts with the purpose of causing a harmful or offensive contact or other invasion or with knowledge to a substantial certainty that the invasion will result.
Ibrahim Iqbal left a side door unlocked at his warehouse after security warnings about known trespassers. Imran Iyer, previously banned for violence, entered and intentionally struck a visitor. The court held Iqbal's negligence did not relieve him of liability because he should have realized the likelihood that a third person would commit an intentional tort.
Isabelle Inman published false accusations about Ivan Ivanov's professional conduct in State R and ran digital ads visible only to State R industry professionals. Ivanov sued in State R. The court exercised personal jurisdiction because Inman committed an intentional tort expressly aimed at the forum with knowledge that harm would be felt there.
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Integrity Partners' captain deliberately discharged oily waste into coastal waters. The court imposed punitive damages on the company after finding the conduct constituted an intentional tort under maritime law.
Imperial Motors fired Ilana Isaacs after she reported safety violations. The court required proof that the intentional retaliatory act was the but-for cause of her termination, applying the standard used for intentional torts.
Innovate Pharmaceuticals shipped a defective device into New Jersey where it injured a user. The court noted that an intentional tort aimed at the forum could support jurisdiction even without the usual stream-of-commerce contacts.
Steenberg Homes moved a mobile home across the Jacques' snow-covered field despite their explicit refusal. The court upheld punitive damages because the company committed an intentional tort by knowingly entering the land.
Intent exists when the actor acts with the purpose of causing the invasion or knows to a substantial certainty that the invasion will result, even if the actor does not desire the resulting injury.
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No. The third person's intentional tort is a superseding cause only if the original actor did not realize or should not have realized the likelihood that the situation created an opportunity for such a tort.
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Yes. Jurisdiction is proper when the defendant commits an intentional tort expressly aimed at the forum state and knows the harm will be suffered there, even with limited physical contacts.
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No. Contributory negligence does not bar recovery for an intentional tort because the defense applies only to negligence claims.
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…of its laws.” Hanson v. Denckla , 357 U. S. 235, 253 (1958). There may be exceptions, say, for instance, in cases involving an intentional tort. But the general rule is applicable in this products-liability case, and the so-called “stream-of-commerce” doctrine cannot displace it. I This case arises from a products-liability…