Intentional Torts
Dr. JeAnna Abbott
Intentional Torts
Nature
of a Tort:
Tort liability is imposed
by law rather than
voluntary assumed as is
the case with contract
liability.
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When
does a tort
occur?
There are 4 elements in a
tort action:
1. A duty to one person
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2. The breach of that duty
(either by doing
something or failing to do
something)
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3. The breach must
proximately cause the
plaintiff’s injury
4. An injury to the plaintiff
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What is an intentional
act?
An act is intentional where
the actor:
1. Intended the physical
consequences of his/her
act or
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2. Knew, or should have
known, that those
consequences were
substantially certain to
occur as a result of
his/her conduct
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Example:
Ziggy locks his shop at
the end of the day.
Unknown to Ziggy,
Moondust was in the
restroom.
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As a result, Moondust
could not exit the store
until Ziggy returned the
next day.
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 Has
Ziggy Committed a
false imprisonment?
 Why or why not?
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Intentional
Torts:
1. Battery
2. Assault
3. False Imprisonment
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4. Infliction of Emotional
Distress
5. Defamation
6. Invasion of Privacy
7. Trespass
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8. Nuisance
9. Trespass to Personal
Property
10. Conversion
11. Interference with
Contractual Rights
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12. Disparagement
13. Fraudulent
Misrepresentation
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 Battery:
A battery occurs where the
defendant has intentionally
caused an offensive
touching upon an item
which is physically
associated with the plaintiff.
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 Examples:
1.Where the D
deliberately poisons
the plaintiff
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2.Where the D knocks a
hat off the plaintiff’s
head
3.Where the D shakes
the car that the D
knows the plaintiff is
seated in.
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 Assault:
Occurs where the defendant
intentionally cause the
plaintiff to reasonably be in
apprehension of an
imminent, offensive
touching.
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 False
Imprisonment:
Occurs when the
defendant intentionally
confines (either physically
or by overcoming the
plaintiff’s will)
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the plaintiff to a definable
area from which there is
no reasonably apparent
means of escape.
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 Example:
Pleasure Inn
 Shopkeeper’s Privilege
 Arrest Privilege
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 Defamation:
Elements:
1. False Communication
2. Injury to the Reputation
3. Published Statement
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A defamatory statement is
one which is false and
lowers the person’s
esteem in the community
or subjects the person to
hatred, contempt, or
ridicule.
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 Defamation
(continued):
Libel: When the
defamatory statement is in
written form.
Slander: When the
defamatory statement is
oral
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* The defamatory statement
must be
communicated to a third
person or persons
other
than the one who is
defamed.
* Can not defame a dead
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 Defenses
to defamation
suits:
Absolute Privilege
Qualified Privilege
Constitutional
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 Invasion
of Privacy:
1. Appropriation of Name
or Likeness
*Use of another’s name
without consent
*For benefit
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2. Intrusion
*Unreasonable and
offensive interference
with person’s seclusion
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3. Public Disclosure of
Private Facts
* Publicity
(communication to
public peers)
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* Of private information
regarding an individual
can be truthful
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4. False Light
* Highly Offensive
* Publicity
* Placing another in
false light
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* The defendant publicly
knew was untrue or
acted in reckless
disregard of truth
* There is a difference
between an accident
and reckless disregard
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
Interference with
Property Rights:
Real Property
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Trespass:
Intentionally
enters or remains
on property belonging to
another or
causes a thing or another
to do so or
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fails to remove something
he has a duty to remove.
Injury (damage) does
not have to occur.
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 Interference
with
Property Rights:
Airspace
Nuisance
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Personal Property:
Intention
dispossession or
unauthorized use of
other’s property
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Liability:
Dispossession
Trespass to personal
property
Conversion