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Torts Review Writing for the Bar 9/20/2026 - Coggle Diagram
Torts Review
Writing for the Bar
9/20/2026
Intentional Torts Involving Personal Injury
Battery
intent to cause contact with pi's person
def's affirmative conduct causes such contact
contact causes bodily harm or is offensive to pi
majority: def only needs to intend harmful contact
minority: def needs to intend harmful contact & succeed
Assault
the def intends to cause the pi to anticipate imminent harm
the def's affirmative conduct actually causes pi to anticipate such contact
IIED
def by extreme & outrageous conduct (exceeds the possible limits of human decency intentionally or recklessly causes severe emotional distress to the pi
False Imprisonment
def intends to confines pi in limited area
def's conduct causes the pi's confinement or def fails to release pi from a confinement despite duty to do so
pi is conscious of confinement
Definitions and Standards
Prima Facie case for any intentional tort requires:
Tortious conduct (act);
Requisite mental state (intent); and
Causation
Requisite Mental State:
established if def acts intentionally
def acts intentionally if he acts:
with the purpose of causing the consequence of his act; or
knowing that the consequence is substantially certain to result
Children & the mentally incompetent:
remain liable if they act with the requisite mental state
Transferred intent: exists when a def intends to commit a battery, assault, or false imprisonment against one person but instead commits the intended tort against a different person (does not apply if intended target was person & property was damages or vice versa)
IIED - Recklessness: Def was reckless if:
def knows of the risk of harm created by his conduct; and
the precaution that would remove or reduce the risk involves burdens that are so slight relative to the magnitude of the risk as to render the def's failure to take the precaution as a demonstration of the def's indifference to the risk
Causation: exists if def's conduct was the legal cause of the harm to plaintiff
Factual Cause (but, for cause)
Proximate cause (was it foreseeable?)
Tortious Conduct:
must be an act
must be voluntary
Defenses
Consent
Self-Defense/Defense of Third Party
Defense of Property
Parental authority
Other
Privilege to protect mentally impaired
privilege of arrest
merchant's privilege
Harms to personal property & land
Trespass to chattels: when def intentionally interferes w/ pi's right of possession by:
dispossessing the pi of a chattel; or
using or intermeddling with the pi's chattel
Conversion: def intentionally commits an act depriving a pi of possession of chattel or interfering with pi's chattel in a manner so serious as to deprive pi of the use of the chattel
Trespass to land: def's intentional act causes a physical invasion of another's land
Nuisance
Private: a thing or activity that substantially and unreasonably interferes with another individual's use and enjoyment of land
Public: an unreasonable interference with a right common to the general public