Intentional Torts - Elements
Intentional torts is a broad category that includes various wrongful actions (or inactions) where the Defendant intentionally caused you harm (even if by mistake).
To win an intentional tort case in court, you need to show the essential parts of your case, called elements, are true. Common intentional torts cases and the elements for each:
Assault: Intentional harmful or offensive contact, causing fear of harm or offense.
Battery: Unwanted harmful or offensive physical contact.
False Imprisonment: Intentionally restricting someone's movement without consent, forcing them to stay or go somewhere.
Intentional Infliction of Emotional Distress: Severe emotional distress caused by outrageous conduct.
See elements for Intentional Infliction of Emotional Distress.
Trespass to Chattels: Damage to or interference with personal property.
Conversion: Destruction or prolonged prevention of personal property use.
🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.
Elements for Assault
- Harmful or Offensive Contact Attempt: The Defendant must have done one of the following:
- The Defendant intended to cause harmful or offensive contact, or
- The Defendant threatened to touch you in a harmful or offensive way.
- Reasonable Belief: You must have believed one of the following:
- Due to the Defendant's actions, you reasonably believed you were about to be touched harmfully or offensively, or
- Due to the Defendant's threat, it reasonably appeared that the threat would be carried out.
- Lack of Consent: You did not consent to the Defendant’s actions.
- Harm: You were harmed, and the Defendant's actions substantially caused your harm.
Elements for Battery
- Harmful or Offensive Conduct: The Defendant touched you to harm or offend you.
- Lack of Consent: You did not consent to the Defendant’s conduct.
- Harm: You were harmed or offended by the Defendant’s conduct.
- Reasonableness: If the conduct's offensiveness is at issue, a reasonable person would have been offended.
Elements for False Imprisonment
- Intent: Defendant intentionally deprived you of freedom using physical barriers, force, threats, menace, fraud, deceit, or duress.
- Imprisonment: Restraint, confinement, or detention forced you to stay or go somewhere for noticeable time.
- Lack of Consent: You did not consent, or if you did, it was not given knowingly or voluntarily due to fraud.
- Harm: You were harmed, Defendant's conduct caused harm; if no actual harm proved but other elements are proven, entitled to nominal damages.
Elements for Intentional Infliction of Emotional Distress
- Conduct: The Defendant’s conduct was outrageous.
- Intent:
- The Defendant intended to cause you emotional distress, and/or
- The Defendant acted with reckless disregard for the probability that you would suffer emotional distress.
- Severe Emotional Distress: You suffered severe emotional distress, and the Defendant’s conduct was a substantial factor.