Which of the following is not an intentional tort?

• A. Assault
• B. Battery
• C. False imprisonment
• D. Negligence

Answer: (D)

The concept tested is the distinction between intentional torts and non-intentional torts. Intentional torts involve actions taken with the purpose of causing harm or with substantial certainty that harm will result. Assault fits because it is an intentional act that creates apprehension of imminent harmful or offensive contact. Battery fits because there is intentional harmful or offensive contact. False imprisonment fits because it involves intentional confinement or restraint without lawful privilege. Negligence is not like these: it involves a failure to exercise reasonable care, causing harm, but there is no intent to cause harm. For negligence, you look at duty, breach, causation, and damages, not intent. So negligence is the not-an-intentional-tort option.