Mindmap of Intentional Torts
Revised September 4, 2007
Torts I
Prof. Eric E. Johnson, University of North Dakota School of
Law
Intentional torts
i.
Generally
1.
Act
a.
Volitional
movement
b.
Not
reflex
2.
Intent
a.
The
conception of intent differs from tort to tort under the heading of
"intentional torts"
b.
Substantial
certainty counts as intent
c.
Transferred
intent
i.
Person
to person
ii.
Tort
to tort
d.
Motive
is irrelevant, and is distinguished from intent.
i.
(Note
that whether evidence of motive can be used at trial to establish intent or
another element is a question for evidence law.)
3.
No
issue of incompetence
a.
Children
as well as the mentally ill, developmentally disabled, and demented can commit
intentional torts
4.
Causation
a.
Actual
b.
Proximate
c.
(Causation
is considered in more depth under the heading of negligence, but the same
concepts apply)
ii.
The
torts (causes of action)
1.
Assault
a.
Statement
i.
An
intentional creation of an immediate apprehension of a harmful or offensive
touching
b.
Elements
i.
Act
ii.
Intent
1.
Can be
intent to effect an assault
2.
or
intent to effect a battery
iii.
Causation
iv.
Apprehension
1.
Fear
distinguished from apprehension
2.
Apparent
ability sufficient
3.
Words
alone are not sufficient
a.
But
words can negate the effect of conduct
v.
Immediacy
2.
Battery
a.
Statement
i.
An
intentional infliction of a harmful or offensive touching of a person
b.
Elements
i.
Act
ii.
Intent
1.
Can be
intent to effect a battery
2.
or
intent to effect an assault
iii.
Causation
iv.
Touching
1.
Can be
direct or indirect (e.g., setting something in motion, laying a trap)
2.
Touching
of a person includes anything connected to the person
v.
Harmful
or Offensive
1.
Judged
by a reasonable-person standard
c.
Issues
i.
"Eggshell
plaintiff" rule
3.
False
Imprisonment
a.
Statement
i.
The
intentional confinement, experienced or harmful, of a person to a bounded area
b.
Elements
i.
Act
(or omission)
1.
Failure
to release
ii.
Intent
iii.
Causation
iv.
Confinement
1.
Sufficient
methods of confinement
a.
Physical
barriers
b.
Physical
force
c.
Threats
of force
d.
Invalid
assertion of legal authority
2.
Insufficient
methods of confinement
a.
Moral
pressure
b.
Future
threats
3.
Duration
of confinement is irrelevant
v.
Bounded
area
1.
Movement
must be limited in all directions
2.
Any
reasonable and reasonably knowable means of escape negates this element
3.
The
bounded area cannot be the rest of the world
vi.
Awareness
or harm
1.
If
plaintiff is unharmed, but is aware of the confinement, this element is
satisfied
2.
Likewise,
if plaintiff is unaware of the confinement, but is harmed by it, the
confinement, this element is satisfied
4.
Outrage
a.
Statement
i.
The
intentional or reckless infliction, by extreme and outrageous conduct, of
severe emotional distress
b.
Elements
i.
Act
ii.
Intent
or recklessness
1.
Note
that recklessness counts as "intent" for outrage
iii.
Extreme
and outrageous conduct
1.
The
standard here is high -- must be truly outrageous
iv.
Causation
v.
Severe
emotional distress
1.
Must
be enough that plaintiff sought medical attention
c.
Issues
i.
The
"eggshell plaintiff" doctrine does not apply to allow unusually
sensitive plaintiffs to recover for act that would not cause severe emotional
distress in persons generally
ii.
However,
if the defendant knows about the unusual sensitivity, a cause of action will
lie
iii.
Outrage
is also known as "intentional infliction of emotional distress" or
"IIED"
5.
Trespass
to land
a.
Statement
i.
An
intentional physical invasion of a person's real property
b.
Elements
i.
Act
ii.
Intent
1.
The
only intent needed is the intent to do the act that results in the physical
invasion
2.
Not
knowing that the land belongs to another person does not negate the intent
element
iii.
Causation
iv.
Physical
invasion
1.
Person
or object
2.
Does
not include intangibles, e.g., vibrations or odors
v.
Real
property
1.
Surface
2.
Subsurface
3.
Airspace
to a reasonable distance
6.
Trespass
to chattels
a.
Statement
i.
An
intentional interference with plaintiff's chattel by physical contact or
dispossession
b.
Elements
i.
Act
ii.
Intent
iii.
Causation
iv.
Interference
v.
With
right of possession
1.
Physical
contact
2.
Dispossession
3.
Interference
with use
vi.
Chattel
1.
Not
people
2.
Not
real property
3.
Not
intangible property
a.
Unless
reduced to a tangible form (e.g., negotiable bearer bond)
c.
Issues
i.
Distinguish
from conversion
1.
(see
notes below)
7.
Conversion
a.
Statement
i.
An
intentional exercise of dominion or control over a chattel which so
substantially interferes with the plaintiff's rights as to require defendant to
be forced to purchase it
b.
Elements
i.
Act
ii.
Intent
iii.
Interference
iv.
Chattel
v.
Substantiality
1.
So
substantial, the act warrants a forced sale
c.
Issues
i.
Distinguishing
conversion from trespass to chattels
1.
Factors
militating in favor of conversion
a.
Length
of time withheld
b.
Amount
and severity of damage
c.
"Totaled"
2.
Factors
tending to negate conversion
a.
Repairable
damage
b.
Temporary
nature of deprivation
ii.
In the
remedy for conversion, after paying damages, the defendant retains the
converted property
iii.
Issues
1.
"Eggshell
plaintiff" rule
iv.
Defenses
1.
Consent
a.
Scope
b.
Express,
implied in fact, implied by law
2.
Defense
of self
a.
A
person is entitled to use reasonable force to prevent any reasonably believed
threat of imminent battery or false imprisonment
3.
Defense
of others
a.
Same
as self defense, but in a majority of jurisdictions, a mistake in perceiving a
threat, even if reasonable, will void the defense
4.
Defense
of property
a.