Elements of Intentional Torts
[Knowledge of these elements is essential, but it is only the starting point of tort analysis.]
Battery
1. An act;
2. With the intent to cause a contact with a person which is harmful or offensive, or with the
intent to cause the imminent apprehension of such contact;
3. Causing;
4. A harmful or offensive contact with the person.
Assault
1. An overt act;
2. With the intent to cause a contact with a person which is harmful or offensive, or with the
intent to cause the imminent apprehension of such contact;
3. Causing;
4. A reasonable, imminent apprehension of such contact.
False Imprisonment
1. An act;
2. With the intent to confine within boundaries;
3. Causing;
4. The confinement of plaintiff within boundaries;
5. Plaintiff's awareness of the confinement [or plaintiff's harm from such confinement—
Restatement.]
Intentional Infliction of Emotional Distress
1. An extreme and outrageous act;
2. Intentionally [or recklessly—Restatement];
3. Causing;
4. Severe emotional distress.
Trespass to Land
1. An act;
2. With the intent to enter or remain on land;
3. Causing;
4. The entry or remaining on land in which plaintiff has a possessory interest by the defendant, a
third person, or a thing.
Private Nuisance
1. An act;
2. Negligently or intentionally;
3. Causing;
4. A substantial, unreasonable interference with plaintiff's use or enjoyment of plaintiff's land.
Trespass to Chattels
1. An act;
2. With intent to affect a chattel;
3. Causing;
4. Damages to a chattel in which plaintiff has a possessory interest or loss of its use for a substantial
time or injury to plaintiff or a person or thing in which plaintiff has a legally protected interest.
Conversion
1. An act;
2. With the intent to exercise dominion or control over a chattel;
3. Causing;
4. An interference with the right of the plaintiff to control the chattel;
5. And the interference is so serious that the defendant may be justly required to pay the plaintiff the
full value of the chattel. Any of the following may be of sufficient seriousness to justify this
remedy:
(a) the defendant's exercise of dominion and control for a substantial amount of time
(b) substantial harm done to the chattel,
(c) substantial inconvenience and expense cause to the plaintiff, or
(d) the defendant's intent to assert a right that defendant knows is inconsistent with the
plaintiff's right of control
[Note that the defendant's good faith, under rare circumstances, may be a defense to an action for
conversion.]