Written by attorneys · grounded in primary & secondary sources — see below
An act resulting from the actor's will directed to that end. An act is intentional when the actor foresees the contact or consequence and desires it or knows with substantial certainty that it will occur.
Sources & Authorities
How it applies
Common Examples
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Third-Party Assault After Negligent Access
Ike Ingram left the side door of his warehouse unlocked after receiving warnings that banned patron Henry often returned to cause trouble. Henry entered undetected, became intoxicated, and intentionally dropped a glass bottle onto Norman below. The court treats Henry's intentional act as the operative cause because Ike should have realized the likelihood of such exploitation.
Forum-State Effects from Online Campaign
India Inoue posted targeted messages on social media expressly aimed at harming Irene Ingalls in the forum state. Irene suffered emotional distress and reputational harm there. The effects test permits personal jurisdiction over India because her intentional act was aimed at the forum and she knew the harm would be felt there.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Dictionaries
Intentional Killing and Culpability Grading
Ivan Ivanov deliberately caused the death of a rival to collect insurance proceeds. The court ranks the offense as more serious than reckless or negligent conduct because the intentional act demonstrates heightened culpability.
Solem v. Helm463 U.S. 277, 279, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983)
Picketing as Protected Intentional Speech
Ismael Ibrahim and fellow protesters deliberately positioned themselves at a funeral with signs containing religious denunciations. The court analyzes whether the intentional act of picketing receives First Amendment protection even though it caused emotional distress to the family.
Snyder v. Phelps562 U.S. 443 (2011)
Supervisor's Deliberate Harassment
Isla Ireland, a supervisor at Indigo Textiles, intentionally created a hostile work environment by making repeated offensive advances toward a subordinate. The company faces vicarious liability for the intentional act unless it proves an affirmative defense of reasonable care.
Burlington Industries, Inc. v. Ellerth524 U.S. 742 (1998)
Knowing Misrepresentation in Product Warnings
Interlink Communications knowingly omitted cancer-risk information from cigarette labels despite internal studies. The court treats the omission as an intentional act that may support liability for fraud even when federal labeling statutes are at issue.
Cipollone v. Liggett Group, Inc.893 F.2d 541 (3d Cir.1990), affirmed in part and reversed in part, 505 U.S. 504 (1992)
Common questions
Frequently Asked
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Does an intentional act by one tortfeasor bar contribution from others?+
Yes. A tortfeasor who intentionally caused the harm has no right to contribution from other tortfeasors even when their negligence also contributed to the injury.
Can transferred intent satisfy the intent element for battery when the actual victim differs from the intended target?+
Yes. An actor who intends offensive contact with one person remains liable when the intentional act produces offensive contact with another person instead.
Does an intentional kick that indirectly causes serious injury still constitute battery?+
Yes. Battery liability attaches when the defendant intends harmful or offensive contact and that contact occurs, even if the ultimate injury results indirectly from the intentional act.
When does private necessity privilege an otherwise intentional trespass to chattels?+
The privilege applies when a person reasonably believes that damaging property is necessary to protect another from serious imminent harm.
562 U.S. 443 (2011)Torts
…below, Snyder never mentioned it in his petition for certiorari. See Pet. for Cert. i (“Snyder’s claim arose out of Phelps’ intentional acts at Snyder’s son’s funeral” (emphasis added)); this Court’s Rule 14.1(g) (petition must contain statement “setting out the facts material to consideration of the question presented”). Nor…