Unlike negligent acts, some torts occur when a person intentionally acts in a way that harms another person. Intentional acts are more likely to be both torts and criminal acts. Some examples of intentional torts include:
Committing Fraud
Assault
Battery
Trespassing
False Imprisonment
Defamation
Intentionally Causing Emotional Distress
It is the responsibility of the defendant to justify his/her actions that might excuse him/her from liability. If the defendant can prove they had consent or permission from the plaintiff, or the defendant can prove their actions were to defend himself, his property, or someone else, they may avoid liability.
Sure. But in order to get emotional distress you have to have personal injury or death. Property damages doesn’t cut it.