Tort
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. Punitive damages are relatively uncommon in contractual cases versus tort cases. However, compensation for defective but not unsafe products is typically available only through contractual actions through the law of warranty.
Intentional tort
The key difference between intentional torts and negligent torts is that the plaintiff must prove the "additional" element that the defendant acted with the specific intent to perform ("i.e.," acted with a mental state of intentionally performing) the act that was the proximate cause of the plaintiff's injuries (so-called malice). "The concept of 'intention' in the intentional torts does not require that defendants know that their acts will result in harm to the plaintiffs. Defendants must know only that their acts will result in certain consequences." Under doctrines such as transferred intent, the plaintiff need not always prove that the defendant acted with the intent to bring about the specific injury that actually occurred.