Elements of Torts

This document provides an overview of the different types of torts and their elements. It covers intentional torts against persons and businesses, such as assault, battery, defamation, and wrongful interference. It also discusses negligence, strict liability, and product liability. The document includes a description of each tort and its key elements.

ELEMENTS OF TORTS
NAME OF TORT TYPE ELEMENTS
Assault Intentional
Tort against
Person
 Intent of immediate harmful or offensive contact
(words or acts)
 Reasonably believable threat
 Creates reasonable apprehension of immediate
harm
Battery Intentional
Tort against
Person
 Intent of harmful or offensive physical contact
 Reasonably believable harmful conduct
False Imprisonment Intentional
Tort against
Person
 Intent of confinement or restraint of activity
 Accomplished through use of physical barriers,
physical restraint or threat for physical force
Intentional Infliction of
Emotional Distress (IIED)
Intentional
Tort against
Person
 Intent to cause severe emotional distress
 Accomplished through extreme and outrageous
conduct
 Exceeds boundary of decency
Defamation Intentional
Tort against
Person
Elements for Libel:
 Publication of defamatory statement in written
or other form
 Other people exposed to the statement
Elements for Slander:
 defamatory statement made to at least one
person
 special damage suffered as a result
Extra Credit: Slander per se:
 defamatory statements presumed to be
damaging
 not required to prove special damage
Invasion of Privacy Intentional
Tort against
Person
 intrusion upon the intention to be left alone
 reasonably offensive
 public disclosure of fact
 intrusion in a private matter
Fraudulent
Misrepresentation
Intentional
Tort against
Person
 intentional false statement
 other party relied on the representation
 damage suffered as a result of the false
representation
Abusive or Frivolous
Litigation
Intentional
Tort against
Person
 false lawsuit filed against a person
 intent to harass or annoy
Wrongful Interference Intentional
Tort against
Business
 beneficial economic relationship
 intent to create harm to a business or contract
 interference in contracts or relationships to

create economic harm
 wrongful conduct
Trespass to Land Intentional
Tort against
Property
 unlawful intrusion upon a property
 use of force
 consequent injury to owner
Trespass to Personal
Property
Intentional
Tort against
Person
 unlawful interference with possessory interest
 lack of consent of owner
 intent to damage
Conversion Intentional
Tort against
Person
 intent to deprive another’s right to use personal
property
 unlawful interference on a person’s right to
property
 damage to the party
Disparagement of
Property
Intentional
Tort against
Business
 Intent to harm business
 Publication of false statement
Negligence Unintentional
Tort
 Duty
 Breach
 Causation
 Damages
Negligence per se Unintentional
Tort
 Violation of safety statutes
 harm caused was not intentional
Good Samaritan Statutes Unintentional
Tort
 unintentional harm to an injured or ill person
 error while rendering emergency medical care
 actual intention was to help
Dram Shop Acts Unintentional
Tort
 negligence in serving alcohol to intoxicated
person
 harm caused because of the negligence
Strict Liability Unintentional
Tort
 Inherently dangerous or unreasonable act
 liability regardless of negligence or fault
 Actual sufferation of harm
 Liability regardless of negligence or fault
Product Liability Unintentional
Tort
 defective products causing harm to people
 manufacturer or seller placing defective product
in hands of consumer
Strict Product Liability Unintentional
Tort
 defective product
 defect existed from the beginning
 defect was the cause of damage