Willful tort is a legal concept pertaining to civil actions that involve deliberate, intentional acts of wrongdoing. In other words, it is a tort committed with the knowledge that it violates the rights of another person. Willful torts can be extremely damaging, and may include defamation, trespassing, fraud, and other intentional acts.
The major difference between a tort and a crime is the amount of damages that may be awarded when a tort is proven. For example, if a victim suffers emotional distress after someone stole their identity and made unauthorized purchases, the criminal court would not award damages for such emotional distress. On the other hand, if the same person was found guilty of the tort of identity theft, the victim would be entitled to recover damages for their emotional distress.
Willful Tort Examples
Some examples of willful torts include maliciously damaging someone else’s property, fabricating lies to damage another person’s reputation, and physically assaulting someone without provocation. Generally, any type of misconduct that causes harm to another person or their property could be categorized as a willful tort.
For example, if a business competitor intentionally lies about the quality of goods produced by the victim’s company, they are liable for a willful tort, since their malicious lies are damaging the victim’s reputation. Similarly, a person who smashes a window in a store is guilty of committing a willful tort, since they had the intention to cause harm with their actions.
Understanding Civil Penalties
If a court finds a defendant guilty of a willful tort, they may be held liable for civil damages. Depending on the jurisdiction, these damages may range from a few hundred dollars to millions. Additionally, the damages awarded for a willful tort may be higher than those awarded for common torts like negligence.
In addition to monetary compensatory damages, a court may also award punitive damages for a willful tort. Punitive damages are intended to punish the defendant and serve as a deterrent for others. In some cases, the amount of punitive damages awarded can be significantly higher than the amount of compensatory damages.
Conclusion
Willful tort is an important legal concept that applies to civil actions involving intentional and deliberate wrongful acts. Victims of willful torts can file civil lawsuits against offenders and may be entitled to a variety of damages, including compensatory and punitive damages.