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Resources Specific Intent vs. General Intent Intent Requirement In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general. Specific Intent A defendant has specific intent when he or she acts with the intention to cause certain consequences and those consequences occur.
For example, a defendant swings a baseball bat at a plaintiff’s head, hoping to cause severe injury to the plaintiff. The bat hits the plaintiff’s head, causing severe injury. The defendant had the specific intent to commit a battery upon the plaintiff because he or she acted with the intention of severely injuring the plaintiff and the plaintiff was severely injured.
General Intent A defendant has general intent when he or she knows with substantial certainty that certain consequences will occur and those consequences occur.
For example, a defendant pulls a chair out from under a plaintiff as the plaintiff is about to sit down. The plaintiff falls onto the ground and is injured. Although the defendant may not have intended to injure the plaintiff, the defendant had the general intent to commit battery because he or she knew with substantial certainty that pulling the chair out from under the plaintiff would cause him or her to fall onto the ground.
Classifying Torts
Classifying Tort Law Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law is classified. Tort Law Classified by the Tortfeasor’s Mental State 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.
Malfeasance, Misfeasance, and Nonfeasance Torts may also be classified by the nature of the tortfeasor’s act.
Malfeasance is an act that is illegal or wrong. Misfeasance is a legal act done in a wrongful manner. Nonfeasance is not acting when one is required to act.
Liability of Airport Owners and Operators Transportation Law: Air Transportation: Airports & Airways Most airports are owned by state governmental units or state political subdivisions, such as cities, counties, or airport districts. Governmental units or political subdivisions are generally not liable for torts that result from the performance of a governmental function. Governmental units or political subdivisions are only liable for torts that result from the performance of a proprietary function.
The maintenance and operation of an airport by a city, county, or other public agency is considered in most states to be a governmental function. Therefore, when an airport is owned by a governmental unit, the airport is generally immune from liability in tort or negligence actions that may be brought by passengers, by visitors, or by persons on the ground.
If an airport is owned by a governmental unit and is not immune from liability for a tort or a negligence action that may be brought by passengers or by persons on the ground, the passengers or the persons on the ground may be limited as to the amount they can recover from the airport under state tort claims acts. Most state tort claims acts limit liability for personal injuries or for property damage to a specific dollar amount. Most state tort claims acts do not allow punitive damages. Plaintiffs seeking damages under state tort claims acts are required to present written notice of their claims against the governmental units within a certain number of days after their claims arise.
If an airport is owned by a private person or a private entity, the airport is not immune from liability for personal injury or property damage that occurs as a result of the operations of the airport. Owners and operators of airports owe a duty of ordinary care in the operation and maintenance of the premises of the airports. When the owners or operators park or store airplanes, the owners or the operators have a duty to use ordinary care in preventing damage to the airplanes.
The Federal Aviation Administration (FAA) is responsible for certifying airports that serve airplanes that have a seating capacity of more than 30 passengers. The FAA requires airport owners and operators to prepare airport operations manuals. Such manuals usually contain standards of conduct, which standards govern the operation of the airport and set forth the procedures that are to be followed in the event of personal injury or property damage on an airport’s premises.
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