elements of conversion 

1. an intentional act to exercise dominion or control over the personal property of another

2. that seriously interferes with anothers rights of possession

3. to justify the requirement to pay the fair market value of the property 

Conversion

What is considered in determining serious interference? 

1. Extent and duration of possession

2. actor's good faith

3. harm done to chattel

4. inconvenience to true owner 

elements of trespass to land

1. an intentional and unauthorized entry 

2. to the real property of in the possession of another 

3. that results in damages 

• can be nominal
• Liability is imposed for damages resulting from continued trespass without a question of negligence.

elements of false arrest 

1. An intentional act to arrest a person

2. without legal justification 

Nuances of False Arrest 

A third party cannot be liable if a police asks for assistance

FA applies when a person is not charged with the same reason for arrest

Merchant privilege depends on reasonable belief of crime and reasonable restraint 

elements of false imprisonment 

1. Intent to unlawfully restrain or instigate confinement of a person

2. against their will

3. within fixed boundaries

4. the person must be conscious of the restraint or experience physical harm 

kinds of restraint: False Imprisonment 

1. physical barrier

2. threat of immediate physical force

3. duress

4. asserted legal authority 

5. breach of duty to release

6. good faith doesn't excuse but might mitigate damages 

What is not considered a restraint in false imprisonment? 

• intense economic or moral pressure 

elements of assault 

1. intent to cause apprehension of imminent offensive or harmful contact

2. that causes apprehension of such contact 

imminent requirement of assault 

• preparation doesn't constitute, unless the weapon extremely dangerous by nature (gun)
• words from far aren't enough unless accompanied by a volitional act apparentely intended to cary out the threat
• apprehension is not fear, even a courageous plaintiff can recover.

Elements of battery 

1. An act intended to cause harmful or offensive contact

2. that directly or indirectly causes such contact

3. to the person of another 

 battery damages 

• don't have to be foreseeable (eggshell skull)
•  harmful/offensive determined from a reasonable person standard
• not liable for contact in small space
• sensitivities depend on if the actor was aware of them

Intent 

1. volitional conduct

2. can be specific, general, or transferred

3. mistake/good faith does not excuse 

general intent 

• knowledge that the consequence (or events leading to damages) is likely to occur from actions
• reasonable person standard
• not applicable to minors below the age of discernment

specific intent 

acting with the desire or purpose 

trespassory torts (5)

1. battery

2. assault

3. false imprisonment

4. trespass to land

5. trespass to chattels 

transferred intent 

• intent to commit a tort, but instead or also commiting another tort on a third party
• applicable only to the trespassory torts