Fundamental differences between intentional torts and negligence
1. What are the fundamental differences between intentional torts and negligence? Select one intentional tort and explain the elements that are necessary in order to prove that intentional tort.
2. In the famous case involving hot coffee and McDonald’s. State two reasons why this case was decided correctly. Now, take the opposite side. State two reasons why this case was decided incorrectly.
3. What are the differences and similarities among copyrights, patents, and trademarks?
Sample Solution
Fundamental differences between intentional torts and negligence
Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another person. The primary difference between intentional torts and negligence is intent. In an intentional torts claim, the defendant is alleged to have harmed someone else on purpose. In a negligence claim, the defendant is alleged to have harmed someone else by merely being careless. A common example of an intentional tort is battery, which is when one person causes harmful or physical contact to another. The following elements must be proven to establish a case of battery: an act by a defendant; an intent to cause harmful or offensive contact on the part of the defendant; and harmful or offensive contact to the plaintiff.
