Torts rules

Intent

A person acts with intent to produce a consequence if

a. the person acts with the purpose of producing that consequence (specific intent)

b. the person acts knowingly that the consequence is substantially certain to result (general intent)

Battery elements

1. 1. volitional and intentional act

2. 2. resulting in unwanted touching or contact

3. 3. In a harmful or offensive manner

Assault elements

1. 1. volitional and intentional act

2. 2. That causes imminent anticipation

3. 3. of harmful and offensive contact and

4. 4. an apparent present ability to cause the harm or reasonable appearance thereof

False imprisonment elements

1. 1. Volitional and intentional act by deft

2. 2. resulted in unlawful confinement of plaintiff

3. 3. to a bounded area

4. 4. an awareness of the confinement by plaintiff or bodily harm resulting from that confinement

IIED elements

1. 1. intentional and reckless conduct by the defendant

2. 2. That is both extreme and outrageous

3. 3. resulting in

4. 4. severe emotional distress

Trespass factors

1. 1. Intentional entry by deft into land in possession of another (or cause of a person or thing to enter)

2. 2. Intentionally remaining on the land of another after permission to enter the land has expired (or cause of a person or thing to remain)

3. 3. Intentional failure to remove a thing on land in possession of another that deft is obligated to remove

Trespass to chattel elements

1. 1. Intentional and wrongful interference with the chattel of another

2. 2. resulting in

3. 3. actual damage to the chattel or depravation of the chattel owner’s use for a substantial person of time

Conversion elements

1. 1. Plaintiff has a possessory interest in the chattel

2. 2. Defendant intentionally exercises dominion or control over the chattel

3. 3. The defendant’s exercise of dominion or control seriously interferers with the plaintiff’s right to control it so seriously that the defendant may be justly required to pay the full value of the chattel

Participation liability

An actor is subject to liability for an intentional tort even if the actor’s conduct does not satisfy all elements of the respective tort if

1. 1. the tort was committed by another

2. 2. the actor knowingly and substantially instigated, encouraged or assisted the other’s commission of the tort