Restatement (Second) of Torts · Section § 463
This section addresses the liability of persons who, without any legal justification, intentionally inflict harm or cause fear of harm upon others.
Source: Restatement Restatement (Second) of Torts § § 463
A person who intends to cause harmful or offensive contact with another or believes that such contact is substantially certain to result is subject to liability for any resulting injury.
This section holds individuals liable if they intentionally cause harm or fear of harm to others, even if actual harm does not occur. The focus is on the intent behind the action and the resulting emotional distress or apprehension.
Intent need not result in physical harm; emotional harm suffices.
This section emphasizes the deliberate nature of the actor's conduct.
Illustration 1
An individual threatens another with physical harm; the target experiences fear and anxiety, rendering the actor liable.
Illustration 2
A person intentionally throws a rock intending to scare another; even if the rock misses, the intent to cause fear results in liability.
This case illustrates the application of Section 463 wherein intent to scare resulted in liability for emotional distress.
Section 463 serves as an important tool in tort law to protect individuals from intentional harms that may not result in direct physical injury but still lead to significant emotional distress. Understanding this section aids legal practitioners in navigating claims of intentional torts.