Elements of all the intentional torts

Question 1

‘first sight’ case

Answer 1

(1) a volitional/voluntary act (2) intent to produce injury (3)act is substantial cause (4) . . . of an injury

Question 2

battery

Answer 2

(1) a volitional act (2) intent to make harmful/offensive contact or cause apprehension that contact is imminent (3) act is substantial cause

Question 3

assault

Answer 3

(1) a volitional act (2) intent to produce apprehension of imminent harmful/offensive contact (3) act is substantial cause of apprehension of imminent harmful or offensive contact

Question 4

false imprisonment

Answer 4

(1) a volitional act (2) intent to confine (3) act is substantial cause of plaintiff being confined (4) plaintiff is conscious of the confinement or harmed by it

Question 5

Intentional infliction of emotional distress [IIED]

Answer 5

(1) a volitional act (2) act is “extreme and outrageous conduct” (3) intent or recklessness to cause severe emotional distress (4) act is substantial cause of actual damage (minority rule requires a physical manifestation)

Question 6

trespass to land

Answer 6

(1) a volitional act of physical invasion onto real property in the possession of another (2) intent to enter or to cause a person or tangible thing to enter or remain (3) the act is a substantial cause of physical invasion of real property in possession of another

Question 7

trespass to chattels

Answer 7

(1) volitional act of interference with the right of possession of another in personal property (2)intent to perform the act of interference (3)the act is substantial cause of interference in the right of possession of another’s personal property (4) damages [includes total loss of possession]

Question 8

conversion

Answer 8

(1) volitional act of dominion and control that interferes with the right of possession of another in physical personal property [not accidental acts] (2) intent to perform the act that interferes with possession (3) the act is substantial cause of an interference so serious it impacts the other’s right of control and justifies requiring paying the full value of the chattel