Intentional Torts

Introduction

Intentional torts are civil wrongs in which the defendant acted with the intent to cause a particular consequence. Unlike negligence, which requires only a failure to exercise reasonable care, intentional torts require that the defendant either desired the harmful result or knew with substantial certainty that it would occur. The law provides compensation for the invasion of protected interests in bodily integrity, freedom of movement, property, reputation, and emotional tranquility.

Battery and Assault

Battery is the intentional infliction of harmful or offensive bodily contact. The defendant must intend to cause contact with the plaintiff, and the contact must be either harmful or offensive to a reasonable sense of dignity. Consent is a defense. The transferred intent doctrine applies when the defendant intends a battery against one person but accidentally strikes another.

Assault is the intentional creation of a reasonable apprehension of imminent harmful or offensive contact. Apprehension requires knowledge of the threatened contact and a reasonable belief that the defendant has the apparent ability to carry out the threat. Words alone are insufficient unless accompanied by circumstances that create reasonable apprehension.

False Imprisonment

False imprisonment is the intentional confinement of the plaintiff within a bounded area. Confinement may be by physical barriers, physical force, threats of force, or invalid assertion of legal authority. The plaintiff must be aware of the confinement or must suffer actual harm. Reasonable means of escape defeat the claim. Shopkeepers have a limited privilege to detain suspected shoplifters for a reasonable time and in a reasonable manner.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress (IIED) requires extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. The conduct must be so extreme as to exceed all bounds of decency tolerated in a civilized society. Mere insults, indignities, or threats do not constitute IIED.

The plaintiff must prove severe emotional distress —distress that no reasonable person could be expected to endure. Physical manifestation of the distress is not required but is probative. The tort provides a remedy for particularly egregious conduct that causes serious emotional harm but does not involve physical contact or confinement.

Trespass to Land and Chattels

Trespass to land is the intentional entry onto land in the possession of another, or the intentional remaining on the land after the right to be there has expired. The plaintiff need not prove actual damages; nominal damages are recoverable. Trespass may be by person, object, or animal.

Trespass to chattels is the intentional interference with another’s personal property. Conversion is the more serious interference that requires the defendant to pay the full value of the property. Conversion applies when the interference is so serious that the defendant should be required to pay the property’s full value.

Defamation

Defamation is the publication of a false statement that harms the plaintiff’s reputation. Libel is written defamation; slander is spoken defamation. The plaintiff must prove: a false and defamatory statement about the plaintiff; publication (communication to a third party); fault (at least negligence); and damages.

Public figures must prove actual malice —knowledge of falsity or reckless disregard for truth —under New York Times Co. v. Sullivan (1964). Private figures must prove at least negligence. The opinion privilege protects statements that are not capable of being proven true or false.

Conclusion

Intentional torts protect fundamental interests in personal integrity, freedom, property, and reputation. The requirement of intent, the specific elements of each tort, and the available defenses define the scope of liability. Understanding intentional tort law is essential for understanding the broader framework of American tort law.