What distinguishes "intentional tort" from "negligence"?

The distinction between intentional torts and negligence primarily hinges on the intent behind the actions that cause harm. Intentional torts are characterized by deliberate actions taken by a person with the intention of causing harm or creating a risk of harm to another individual. This means that the perpetrator meant to engage in the conduct that resulted in the injury or damage, which can encompass acts such as assault, battery, or defamation.

In contrast, negligence refers to a failure to act with the level of care that a reasonably prudent person would exercise in similar circumstances, leading to unintentional harm. The crucial element of negligence is that while harm results from the actions of an individual, those actions were not intended to cause harm; rather, they stemmed from carelessness or a breach of duty.

Understanding this fundamental difference illuminates why the identification of intentional torts is centered around the purposeful nature of the actions that lead to harm, as opposed to the unintentional nature of negligence.