Intentional Torts: Key Elements

Intentional Torts: Elements

• Act: External manifestation of the actor's will, separate from the results. The actor's intent is not negated by the immediate and direct nature of the consequences.
• Intent: Volition to achieve a specific consequence. Acting with intent means either acting to produce a specific consequence, or acting knowing that the consequence is substantially certain to occur.
  • Minors and incompetent individuals can be held liable if they possess the required intent. Whether they can intend otherwise isn't relevant, as long as they can form the intent in question. (Example: Garret v. Dailey)
• Causation: The resulting harm must have been legally caused by the defendant's act. The plaintiff's apprehension must be a legal consequence (direct or indirect) of the defendant's act.

Transferred Intent

• Applies to battery, assault, false imprisonment, trespass to land, trespass to chattels (and possibly conversion).
• If a tort is intended for one person, but the actions instead cause a different tort or affect a different person, the intent is transferred. Example: Talmage v. Smith, where a mistake is not a defense.

Battery

• Elements:
  • Deliberate contact.
  • Harmful or offensive contact (at law). If the act intends to cause harmful or offensive contact with another person, directly or indirectly, and harmful contact results, battery has occurred.
  • Harmful contact: causes bodily harm (physical impairment, pain, illness)
  • Offensive contact: contact causing offense to a reasonable person's sense of personal dignity.
  • Mistake is not a defense. Example: Ranson v. Kitner (mistakenly shooting a dog). Liability exists even with good intentions.

Assault

• Elements:
  • Intending to cause an immediate apprehension of harmful or offensive contact.
  • Apprehension of such immediate contact results.
  • Immediacy: The threat must be immediate; future threats are insufficient. In Western Union Telegraph Co. v. Hill, future actions did not meet assault criteria.
  • Physical harm is not required for assault.
  • Overt act (e.g., raised fist) is usually required; words alone are generally insufficient.
  • Conditional threats can constitute assault; words and actions must combine to be considered threatening.
  • There is no requirement for proving damages, for nominal damages may be awarded. Punitive damages can be awarded for malicious actions.

False Imprisonment

• Elements:
  • Intentionally confining or restraining someone, within fixed boundaries, without proper legal justification.
  • The confined individual must be aware of the confinement, or be harmed by it. Confinement without their knowledge is not considered an issue.
• Modes of Confinement: Physical barriers, physical force, duress (threat of force), or assertions of legal authority.
• Reasonable Exit: An exit is unreasonable if it poses harm to oneself, others, or property, creates significant criminal or civil liability, or is offensive.

Intentional Infliction of Emotional Distress (IIED)

• Elements:
  • Intentional or reckless conduct causing severe emotional distress to another.
  • Extreme and outrageous conduct.
  • Severe emotional distress.
  • A causal connection between wrongful conduct and the distress.
• Recklessness: Acting with an unjustified risk of harm, being aware of that risk.
• Extreme Outrage: Conduct exceeding decency in a civilized community, viewed from an ordinary person's perspective.
• Third-party Actions: Immediate family members present during the intentional act and present during the emotional distress have a cause of action. Damages resulting for third parties may only be recoverable if they are immediately present and bodily harm results from the distress.

Trespass to Land

• Elements:
  • Intentional physical entry upon land in possession of another.
  • Intentional causing of a tangible object, or a third party, to enter the property.
  • Remaining on the land or failing to remove a thing where there is a duty to remove.
• Damage: Not required for liability.
• Mistake: A reasonable mistake not induced by the possessor is not a defense to trespass.
• Possession: Possession or constructive possession (e.g., the true owner, if not in actual possession, has constructive possession)
• Airspace: Trespass can occur above or below the land's surface. Aircraft trespass occurs if they enter airspace immediately adjacent to land, substantially interfering with enjoyment.

Trespass to Chattels

• Elements:
  • Intentional interference with another's right to possess a chattel.
  • Interference that impairs the chattel's condition, quality, or value or deprives the person of use for a substantial time. Bodily harm to the possessor (or harm to something/someone the possessor has a legal interest in) may be shown as a form of trespass.
• Damages: Actual damages are required.

Conversion

• Elements:
  • Intentional act that significantly interferes with another's right to control a chattel.
  • Interference must be serious enough to require full payment for the chattel's value.
• Modes of Conversion: Wrongful acquisition, transfer, detention, substantial alteration, significant damage, or misuse of the chattel.
• Damage: Does NOT include accidents.
• Bailor/Bailee: A bailee is not liable for conversion if they're unaware of the conversion. If a conflicting claim arises, the bailee can investigate the claim and deliver to the rightful owner or deposit with the court.
• Equitable vs. Legal Title: Equitable title (beneficial ownership) vs legal title (formal ownership). A true owner's right to possession can be defeated by transfer of legal title to a good-faith purchaser (bona fide purchaser).

This quiz explores the essential elements of intentional torts, including the concepts of act, intent, and causation. It also covers the doctrine of transferred intent as it applies to various torts. Test your understanding of the legal principles that govern intentional tort actions.