Intentional Torts: Battery, Assault, False Imprisonment, Trespass, and Conversion

Posted on Feb 2, 2025 in Law & Jurisprudence

Battery

The fact pattern suggests that P conceivably may have claims for intentional tort against the D. In order to establish a claim of battery, the plaintiff must establish, on the preponderance of the evidence, each element of the tort. These include:

  1. Act
  2. With intent
  3. To cause contact
  4. That is harmful or offensive
  5. The act causes the contact

The element of intent can be established if the D committed the act for the purpose of causing the harmful conduct or had knowledge of facts that would lead to substantial certainty that the contact would occur. In states of single intent, the plaintiff only needs to prove that the defendant intended to touch, while in dual intent states, P also needs to prove that the D intended to cause harm or offend. The harm includes infliction of pain or injury, and offensive conduct. Battery can be committed by transferred intent and is not limited to contact with the actual body but also contact with an object closely attached to an individual. Damages for battery are recoverable despite P not suffering physical harm.

An offensive touching can occur if the tortfeasor has knowledge of a person’s unusual susceptibility and violates it. Look from a reasonable standard.

Assault

For assault, P must establish:

  1. Act by the D
  2. With intent
  3. To create fear or apprehension
  4. Of imminent harmful or offensive conduct

It does not require actual contact or physical harm, as reasonable fear will suffice. Additionally, it must appear to the P that the harm being threatened is imminent, and that the D has the present ability to carry out the threat.

False Imprisonment

For false imprisonment, P must establish:

  1. Act with intent
  2. To confine P
  3. To an area the bounds of which are set by D
  4. P is aware of confinement or harmed thereby

In order to establish intent, P must show that D either intended to confine him, or at least that D knew with substantial certainty that P would be confined by D’s actions. The confinement can result from physical barriers, physical force, and threats of implicit or explicit physical force. The P must be aware of the confinement or must suffer some actual harm.

Trespass to Land

For trespass to land, P must establish:

  1. Act
  2. Intent to
  3. Without permission
  4. Entry can be on, over, or under the land

The intent differs from battery, assault, or false imprisonment, as this tort can be described as a strict liability tort. A defendant can commit the tort without being aware of the invasion of another’s interest. The possession can be actual or constructive as long as the lawful possessor. The D is liable at least for nominal damages even if no physical harm is done, and with physical harm, compensatory damages for loss of use and emotional distress. Injunction and punitive damages are also possible.

Intent: Enter the land possessed by another, cause something to enter the land of another, or fail to remove something from the land of another.

Trespass to Chattels

Trespass to chattels involves any intentional interference with a person’s use or possession of chattel (physical or real that is owned). The P must establish:

  1. D intentionally and
  2. Without justification or consent
  3. Physically interfered with the use and enjoyment of personal property in the P’s possession
  4. The plaintiff was harmed thereby

Similar to trespass with land, the interest protected is possession and can occur innocently.

If P loses possession of the chattel, they can recover even if it is returned unharmed.

Conversion of Chattels

Conversion of chattels is an intentional interference with P’s possession or ownership that is so substantial that D should be required to pay the property’s full value. Elements include:

  1. Act
  2. Intended to use chattel in a way that interferes with possession by the lawful owner (including innocent)

Substantial requires analysis of:

  1. Extent and duration of control
  2. D’s intent to assert a right to the property
  3. D’s good faith
  4. Harm done
  5. Expense or inconvenience caused

Damages include the full value of the chattel at the time of conversion or a possible injunction.

If X steals and sells to Y, then X and Y are both liable for conversion.