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Intentional and Unintentional Torts

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Intentional and Unintentional Torts

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A tort is an omission or action that results in harm or injury to an individual and often amounts to a civil mistaken upon which a law court imposes liability (Dietrich, 2020). Here, invading a person’s legal rights amounts to injury, while a detriment or loss suffered by an individual is equivalent to harm. Depending on a person’s actions, torts can be categorized into two forms – intentional and unintentional.

Intentional torts refer to all harmful actions that are conducted with a particular purpose. Domestic violence is an ideal example. On the other hand, unintentional torts denote all actions that are committed unknowingly but eventually leads to financial loss, property destruction, and injury. Irrespective of whether an action is intentional or unintentional when committed, they both amount to a civil wrong and attract different punishments (Dietrich, 2020).

Even though the two forms of torts are punished differently, I believe that intentional torts should attract more severe punishment than unintentional torts. In intentional torts, the action’s intent is so clear, and the perpetrators are always after achieving a particular purpose. Regardless of the harm or injury the action might cause and inflict on the target individual, the perpetrators go-ahead to commit them (Dietrich, 2020). Therefore, to deter individuals from taking part in such activities, the liable parties must be severely punished.

In unintentional torts, even though a harmful action occurs, the doer is often not expectant of such action happening and the resultant injury or harm (Dietrich, 2020). These offenders should be given a lenient punishment because they did not intend to harm anyone or injury. The amount of punishment given should act as a signal for them to be more careful in certain circumstances.

 

References

Dietrich, J. (2020). Intentional Conduct and the Operation of the Civil Liability Acts: Unanswered Questions. The University of Queensland Law Journal39(2), 197-223.

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