Paralegal Advanced Competency Exam (PACE) Practice Exam

What defines the wrongful act in an intentional tort?

1. Harm caused without intent

2. Accidental harm resulting from negligence

3. A deliberate act leading to damages

4. Emotional distress without physical harm

The correct answer is: A deliberate act leading to damages

The definition of a wrongful act in an intentional tort centers around actions taken knowingly and purposefully that result in harm or damage to another person. An intentional tort is characterized by the actor's intention to bring about a particular consequence or to engage in a specific act that causes harm. In this context, a deliberate act leading to damages captures the essence of intentional torts, as it emphasizes the purposeful nature of the conduct that is designed to cause harm. Intentional torts can include actions like assault, battery, false imprisonment, and intentional infliction of emotional distress, all requiring a conscious decision to act in a way that results in harm to another party. Other options reflect different underlying concepts: one relates to harm caused without intent (which describes negligence or unintentional torts), another pertains to accidental harm resulting from negligence, and the last includes emotional distress that may occur without any physical harm, which may not necessarily fall under intentional torts unless it involves an intentional act. Thus, identifying the act as deliberate and harmful aligns accurately with the fundamental principles of intentional tort law.