A dignitary tort is type of

intentional tort An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the f ...

where the cause of action is being subjected to certain kinds of indignities. Historically, this category of torts was often covered by the writ of trespass ''

vi et armis Trespass ''vi et armis'' was a kind of lawsuit at common law called a tort. The form of action alleged a trespass upon person or property ''vi et armis'', Latin for "by force and arms." The plaintiff would allege in a pleading that the act commit ...

''. Historically, the primary dignitary torts were

battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...

assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

, and

false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...

, as each claimed harm to a person's human

dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...

. 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 Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

(slander and libel),

false light In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impre ...

intentional infliction of emotional distress Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted ...

invasion of privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...

, and

alienation of affections Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The ...

. 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 The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has ...

, although this is also sometimes classified as simply another form of

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...

References

Footnotes

Bibliography

* Tort law {{law-term-stub