Intentional Torts

Question 1

Trespass to Land Elements

Answer 1

T2L is an unlawful direct interference with the claimant’s possession of land.

(1) Claimant must have exclusive possession of the land. This includes buildings on the land, the subsoil, and the airspace above it.

(2) There must be a direct and unlawful contact with the land. Unlawful= without permission or causes damage.

(3) The contact was intentional. NOTE: D does not need to intend to commit a trespass or know that the land belongs to someone else

Question 2

Elements of Battery

Answer 2

Battery is the intentional direct application of unlawful force to the claimant’s person.

(1) Unlawful force = unwanted physical contact that is not generally accepted in the ordinary course of everyday life.

(2) Direct contact (includes clothing being worn)

(3) Intentional. NOTE: This does not mean intent to harm. D only needs to intend the application of force.

Question 3

Elements of Assault

Answer 3

An intentional act which causes the claimant to reasonably apprehend [a battery]

(1) Intention. D must have intended the claimant to apprehend the use of force.

(2) Claimant must be aware of the threat of force. NOTE: they do not need to be afraid.

Question 4

Elements of False Imprisonment

Answer 4

The unlawful constraint of the claimant’s freedom of movement from a particular place.

NOTE: If the claimant can still move in one direction or has a reasonable means of escape, then no FI

Question 5

Trespass to Goods

Answer 5

An intentional act upon another’s goods that goes beyond what is acceptable in everyday life.

Question 6

Conversion

Answer 6

When someone deals with another person’s goods in a way which is seriously inconsistent with the rights of the owner.