Dignitary tort

Type of intentional tort
Part of the common law series
Tort law
(Outline)
Trespass to the person
Property torts
  • Trespass
    • land
    • chattels
  • Conversion
Dignitary torts
  • Appropriation
  • Defamation
    • Slander
    • Libel
  • False light
  • Invasion of privacy
    • Intrusion on seclusion
  • Breach of confidence
  • Abuse of process
  • Malicious prosecution
  • Sexual torts
    • Alienation of affections
    • Criminal conversation
    • Seduction
    • Breach of promise
Negligent torts
Principles of negligence
Strict and absolute liability
Nuisance
Economic torts
Defences
Liability
Remedies
Other topics in tort law
By jurisdiction
Other common law areas
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A dignitary tort is type of intentional tort where the cause of action is being subjected to certain kinds of indignities.[1][page needed] Historically, this category of torts was often covered by the writ of trespass vi et armis.

Historically, the primary dignitary torts were battery, assault, and false imprisonment, as each claimed harm to a person's human dignity. A cause of action could be brought for battery, for example, even if no injury was done to the plaintiff, so long as the contact would be offensive to a reasonable person. Under modern jurisprudence the category of dignitary torts is more closely associated with secondary dignitary torts, most notably defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the phrase is limited to those torts which do not require physical injury or threat of physical injury, limiting the class to only those secondary incidents.

The only non-intentional act classified as a dignitary tort is negligent infliction of emotional distress, although this is also sometimes classified as simply another form of negligence.

References

Footnotes

Bibliography

  • Goldberg, John C.; Sebok, Anthony J.; Zipursky, Benjamin C. (2004). Tort Law: Responsibilities and Redress (1st ed.). New York: Aspen Publishers.


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