Intentional Torts and Defenses

This lesson is designed to lead the student through exploration of the intentional torts and their defenses. It is divided into intent, torts against person, torts against property, and defenses. Each of these sections is subdivided: for example, the torts against person section contains questions on battery, assault, false imprisonment, and intentional infliction of emotional distress. This organization allows use of the lesson in various ways.

A student can divide the lesson into segments of differing size, such as consideration of a single tort in a single sitting, or consideration of all of the torts against property in a single sitting. Also, students will find value in the questions before, during, or after classroom work on the torts. Some professors may choose to assign the lesson in lieu of class time on the subject. The questions lead the student far beyond the elements of the torts into factual applications, policy considerations, and argument evaluation.

Numerous hypertext links and citations to authorities invite the student to consideration of differing views and to further research into the area. The lesson often engages the student in a "dialogue" on the merit of a response.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define "intent," including transferred intent and mistake, and the requirements of an intentional tort.
2. Analyze the elements of the intentional torts of battery, assault, false imprisonment and intentional infliction of emotional distress.
3. Describe and analyze the torts against property.
4. Discuss the intentional tort defenses.