In
a sense, torts are certain general standards of civil conduct. As a
practical matter, however, torts are nothing more than a collection
of theories for suing people for money.
A
person who commits a tort is known as a tortfeasor. Torts can be
classified into four categories based on the kind of mental state, if
any, that is required on the part of the tortfeasor to commit the
tort.
The
first category of torts is intentional torts. An intentional tort is
a tort in which the tortfeasor acts intentionally to cause the victim
harm. Examples of intentional torts include assault, battery, false
imprisonment, and intentional infliction of emotional distress.
The
second category of torts is unintentional torts. This "category"
is really one tort, the tort of negligence, in which the tortfeasor
acts unintentionally, but nonetheless improperly, to cause the victim
harm. Medical malpractice, for example, is the tort of negligence
applied to the professional acts of medical doctors, nurses, and
other medical professionals. Poor driving causing an automobile
accident is another example of the tort of negligence.
The
third category of torts is strict liability torts. A strict liability
tort is a tort in which the tortfeasor acts to cause the victim of
harm, and it is irrelevant whether or not the tortfeasor acted
intentionally to cause the victim harm. Examples of strict liability
includes the harm caused by wild animals and inherently dangerous
products.
The
fourth category of torts is torts that may be committed either
intentionally or unintentionally. These are torts in which the
tortfeasor acts either intentionally or unintentionally, but
nonetheless improperly, to cause the victim harm. Examples of torts
that may be committed either intentionally or unintentionally include
defamation and invasion of privacy.