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The purpose or attitude towards the effect of one’s action or conduct. A tortious liability may arise if a person causes any injury related to the life, property or reputation of the victim. According to tort law, the liability may be incurred irrespective of whether the injury was intentionally or accidentally inflicted.

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Depending on the intention, a tort can be divided into two broad categories namely: 1. Intentional Tort 2. Unintentional Tort

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Some action must be taken with a purpose to commit an intentional tort, an intention is must to commit an act. It is essential that there is a mental element. Intentional tort includes battery, assault, false imprisonment, and trespass.

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When physically applying some force to another person’s body in an offensive manner that causes some harm.

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When one person’s act creates an apprehension in another person’s mind that such act is likely or intended to cause such harm. The difference between battery and assault is, in battery, physical contact is mandatory while in assault, physical contact is not mandatory as the purpose is to threaten not to harm.

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It is the person’s unlawful confinement without his will. It is not necessary to place a person behind bars, a mere impossibility of escape from a certain area against the person’s will is sufficient to constitute false imprisonment wrong.  It includes the use of physical force (actual expression of force is not always required), a physical barrier such as a locked room, invalid use of legal authority.  False arrest is the part of false imprisonment that includes police detention of the person without legal authority.  Malicious prosecution falls under the category of false imprisonment.

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It is the intentional, unreasonable invasion of property, land, person or goods. The unreasonable interference can harass or harm the other person, however slight it may be.  The owner of the property’s legal right is infringed because the misappropriation or exploitation of his right deprives him of his right to enjoy the benefit of the property.

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The defendant causes injury to the plaintiff in the case of unintentional torture, but without any mala fide intention. It could be called an unexpected accident. This was inadvertently done by the person who caused the injury because he/she was not being careful. Such an individual may be described as negligent or reckless.  In the case of unintentional tort, it may be noted that the injury is caused by the omission of the “duty of care” that a reasonable and prudent man should have considered .

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The distinction between Motive and Intention

The motive has been described as “the ulterior intent.” These two words are often used in popular and even legal usage interchangeably. The ultimate object with which an act is done is the motive, whereas the intention is the immediate purpose.  For example, A, steals a loaf of bread from B’s bakery shop. A is liable for theft as well as for illegal trespass, though A’s motive was to feed his starving child, not to cause loss to B.

INTENTION

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