A tort is a civil wrongdoing, similar to a criminal wrongdoing.
A tort is generally when someone does or fails to do something, causing damages to another person. The person can then sue for monetary damages as a remedy. The person suing is called a “Plaintiff,” and the person being sued is called a “Defendant”.
A criminal offence, on the other hand, is prosecuted by the prosecutors, and the outcome would typically be fines and jail time.
There are three main categories of Torts:
- Intentional Torts.
- Negligence.
- Strict Liability.
The most important aspect in intentional torts is intent. Intent means the defendant either acted with the purpose of causing a particular result, or knew with substantial certainty that the result would happen.
- Assault. [Defendant reasonably causes the plaintiff to apprehend that in imminent harmful or offensive contact]
- Battery. [Harmful or offensive contact with another person; it does not have to be painful; for example, spitting on someone]
Assault emphasizes the apprehension, and battery emphasizes the actual contact. Let’s use spitting as an example.
- If the plaintiff saw the defendant spit but missed it.
- If the plaintiff did not see the defendant spit on him/her but later knows about it.
- If the plaintiff saw the defendant spit and the spit hit the plaintiff.
- It is assault because there was apprehension, but there was no contact.
- It is battery because there was no apprehension, but there was contact.
- It is both because there was apprehension and there was contact.