Assault, Battery and Other Intentional Torts

When a person causes injury with an intent to harm another, it is called an intentional tort. These legal claims involve assault, battery and false imprisonment. Additionally, intentional torts include conversion, intentional infliction of emotional distress, fraud and trespass.

Assault is an intentional act or threat which instills fear of imminent physical harm in an individual. No touching needs to take place—the threat alone is sufficient.

Battery is when a person uses force against another without his or her consent. Physical contact is required for this tort.

False imprisonment is when a person prevents another from moving without consent. The confinement must be non-consensual and must be intentional on behalf of the wrongdoer. The victim must also know that he or she is being held without consent and has no available means of escape.

Conversion requires that (1) the Plaintiff must have greater right to the property than the Defendant; (2) there was a wrongful taking by the defendant without consent of the Plaintiff; (3) Possession by the Defendant which is inconsistent with the Plaintiff’s rights; and (4) Damage to the Plaintiff.

Trespass occurs when a person intentionally: (1) enters the land or causes another to do so; (2) remains on the land when asked to leave; and (3) fails to remove from the land a thing he is under a duty to remove.