Intentional Torts

Intentional torts is a cause of action.

There are several intentional torts recognized in Oklahoma. Intentional torts include assault, battery, false imprisonment, abuse of process, invasion of privacy, and defamation, among others.

Assault and battery are two of the more common types of intentional torts that occur. Under Oklahoma law, an assault requires one to intend to commit an act that places another person in apprehension of an imminent harmful or offensive contact and that the person was in apprehension of an immediate harmful or offensive contact. The purpose of this tort is the protection of peace of mind. This tort differs from battery because battery requires contact.

Battery is an intentional tort. Battery requires that one intend to commit a harmful or offensive touch to another person and that the harmful or offensive touch of the other person occur.

Under Oklahoma law, plaintiffs of assault or battery have one year from the date of occurrence to pursue their claims because of the statute of limitations.

Consent is a defense to the torts of assault and battery. Consent can be expressed or implied. Self-defense is a defense to the torts of assault and battery.

However, a plaintiff must consider whether the cost of pursuing the lawsuit is worth the trouble.

Previous
Previous

What is a deferred sentence?