What is the Difference between Negligence and Intentional Torts?
Negligence and intentional torts are both wrongdoings that one may commit against another and are both considered in accident law in Delaware. Negligence is when a person acts in a careless or reckless manner set by a certain standard of care that society requires, and an injury to another is then caused as a result. For example, this could be a car accident caused by someone driving while distracted. Intentional torts, on the other hand, are acts that are done on purpose with the deliberate intention of causing harm. This could be assault, battery, and false imprisonment. Negligence is considered to be an unintentional act, meaning that a person didn’t set out to hurt someone, but their negligence caused an injury. This type of tort is held to the standard of what a reasonable person should do in the same situation. If someone’s actions are found to have fallen short of the required standard, they may be found liable for the injuries that resulted. Intentional torts require intent. This means that the perpetrator must have intended to cause harm or injury to the victim. Intentional tort cases have the potential to be viewed as more severe than negligence cases, as the person committed the act with purpose and intent. In Delaware, the law holds people responsible if their negligent or intentional acts cause another person to be injured. Negligence and Intentional torts may both be used when it comes to accident law cases, but they are two very different concepts with different factors and potential outcomes.
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