Distinction from negligence Unlike negligence, which
involves a failure to exercise reasonable care, recklessness in
Eid requires a higher degree of culpability, amounting to a
deliberate disregard of the risk.
Example A supervisor humiliates an employee in front of their
colleagues by making false accusations of theft, intending
to force the employee to quit. The supervisor's intent to cause
emotional distress can be established.
Causation. Direct link.
There must be a direct causal connection between the
defendant's extreme and outrageous conduct and the
plaintiff's emotional distress. Foreseeability.
The emotional distress suffered must be a foreseeable
consequence of the defendant's actions.
The distress should be a natural and probable result of the
conduct. Example If a person publicly
reveals highly sensitive and personal information about
another, leading to severe emotional distress, the direct
link between the disclosure and the distress can be established.
Severe Emotional Distress severity.
The plaintiff must suffer severe emotional distress, which can be
evidenced by significant psychological impact or physical
symptoms resulting from the distress manifestation.
The distress must go beyond mere annoyance, upset, or
embarrassment. It should be profound and
enduring, potentially requiring medical or psychological
treatment. Objective Standard.
The severity of the distress is evaluated from an objective
standpoint, considering whether a reasonable person in the
plaintiff's position would suffer severe emotional distress
under similar circumstances. Example An individual subjected
to continuous and severe verbal abuse by their partner
experiences depression, anxiety, and requires ongoing
psychological therapy. The severity of the emotional
distress is evident and significant.
Examples of To illustrate the application of the elements of
Eid, consider the following scenarios.
Continuous harassment scenario A person repeatedly harasses and
threatens another individual, causing them to suffer anxiety
and fear. Analysis The continuous
harassment and threats are extreme and outrageous, intended
to cause distress, directly result in anxiety and fear, and
lead to severe emotional distress.
Verbal abuse by employer scenario.
An employer subjects an employee to continuous and severe verbal
abuse leading to depression and emotional trauma.
Analysis. The employer's conduct is
extreme and outrageous, intended to harm or recklessly
disregarding the potential for harm, directly causes the
employee's distress and results in significant emotional trauma
and depression. Public humiliation scenario.
A teacher repeatedly humiliates a student in front of the class
by making derogatory remarks about their intelligence and
appearance. Analysis.
The teacher's actions are extreme and outrageous, likely
intended to distress the student directly, cause emotional
distress, and lead to severe psychological harm such as
anxiety or depression. False accusations Scenario A
person falsely accuses their neighbor of being a child
molester, spreading the rumor throughout the community.
Analysis The false accusations are extreme and outrageous,
intended to cause distress, directly lead to the neighbors
emotional suffering, and result in severe distress such as
ostracization and anxiety. Defenses to eating Defendants
can raise several defenses to an Eid claim to avoid or mitigate
liability. Common defenses include lack of
intent or recklessness, the conduct not being deemed extreme
and outrageous by societal standards, and the plaintiff not
experiencing severe emotional distress, lack of intent, or
recklessness. Definition.
The defendant may argue that they did not intend to cause
emotional distress and did not act with reckless disregard for
the likelihood of causing such distress.
Proof. The defendant must provide
evidence that their actions were not aimed at causing emotional
harm or that they were unaware of the potential for their
actions to cause distress. Example.
A manager who reprimands an employee for poor performance
without any intention to cause distress and without reckless
behavior may argue lack of intent.
If the employee claims Eid conduct not extreme and
outrageous definition. The defendant can argue that
their conduct, although possibly inappropriate or offensive, does
not rise to the level of extreme and outrageous conduct required
for an Eid claim. Societal Standards The conduct
must be evaluated against societal norms to determine if
it truly exceeds all bounds of decency.
Example, if a person makes a single offhand rude comment, it
may be offensive but not extreme and outrageous.
The defendant can argue that the conduct does not meet the high
threshold for Eid. No severe emotional distress
Definition. The defendant can challenge the
severity of the plaintiff's emotional distress, arguing that
the distress does not meet the threshold of being severe and
debilitating. Evidence.
The defendant can present evidence that the plaintiff's
emotional response was not severe enough to warrant legal
action, such as lack of medical or psychological treatment.
Example, if the plaintiff claims emotional distress but only
experienced temporary upset without significant impact on
their daily life or need for treatment, the defendant can
argue that the distress was not severe.
Intentional infliction of emotional distress.
IIED is a tort designed to protect individuals from severe
emotional trauma caused by extreme and outrageous conduct.
The key elements Extreme and outrageous conduct, Intent or
recklessness, causation, and severe emotional distress
provide a framework for establishing liability.
Various defenses, such as lack of intent or recklessness,
conduct not being deemed extreme and outrageous, and the
plaintiff not experiencing severe emotional distress, offer
a balanced approach to determining liability by
addressing the psychological impact of extreme misconduct.
Eid law plays a crucial role in maintaining emotional well-being
and protecting individuals from egregious behavior.
Trespass to Land Trespass to land is a fundamental tort that
protects the right of property owners to control access to
their land. It serves to safeguard the
sanctity and exclusive possession of real property,
ensuring that owners can enjoy their property without unlawful
intrusion. Below, we elaborate on the
definition, key elements, examples, and defenses
associated with trespass to land.
Definition of Trespass to Land Trespass to land occurs when a
person intentionally enters or remains on another person's
property without permission or lawful justification.
This tort does not require the trespasser to cause any damage.
The mere unauthorized entry is sufficient to establish
liability. Key elements of trespass to land
To establish a claim for trespass to land, the plaintiff
must demonstrate 3 essential elements, intent, entry and lack
of consent. Intent Nature of intent.
The defendant must have intended to enter the land or acted with
substantial certainty that their actions would result in entry.
It is not necessary for the defendant to intend to trespass
or cause harm. The intent to perform the act
that leads to the entry suffices.
Mistake. Even if the defendant mistakenly
believes the land is their own or they have permission to
enter, the intent element is still satisfied.
Trespass is a strict liability tort regarding intent, focusing
on the act of entry itself rather than the trespasser's
state of mind. Example If a person enters a
neighbor's property thinking it is their own, their mistaken
belief does not negate the intent to enter the land, thus
satisfying the intent. Element entry.
Physical invasion. There must be a physical
invasion of the plaintiff's property.
This can be accomplished by the defendant personally entering
the land or by causing an object to enter the property.
Objects and particles Entry includes tangible objects like
vehicles or debris, as well as intangible invasions like noise,
light or odors if they physically affect the use and
enjoyment of the property. Above and below ground Trespass
can occur on the surface above, for example, flying a drone at a
low altitude, or below for example, digging or mining the
property. Example If a person throws
garbage over a fence onto a neighbor's yard, the garbage
constitutes a physical invasion of the property.
Meeting the entry requirement. Lack of consent.
Without permission, The entry must occur without the property
owner's consent or legal authorization.
Consent can be explicit or implied based on the property
owner's conduct or the circumstances.
Revocation of consent If the property owner revokes
previously given consent and the defendant remains on the
property, the continued presence constitutes trespass.
Example If a property owner tells a visitor to leave and the
visitor refuses, their continued presence on the property becomes
a trespass. Examples of Trespass to Land To
illustrate the application of the elements of trespass to
land, consider the following scenarios.
Unauthorized Entry Scenario A person walks onto another
person's private property without permission, intending to
take a shortcut analysis. The person intentionally entered
the property without the owner's consent, fulfilling all elements
of trespass to land. Throwing Objects Scenario.
An individual throws debris onto a neighbor's land.
Analysis The act of throwing debris constitutes an
intentional entry of an object onto the property without
consent, establishing a trespass.
Construction Overreach Scenario A construction company
inadvertently extends a building structure onto neighboring land.
Analysis Even if the overreach was unintentional, the physical
invasion of the property by the structure meets the criteria for
trespass entry by animals. Scenario A farmer's livestock
strays onto a neighbor's property.
Analysis If the farmer intentionally or negligently
allowed the livestock to enter the neighbor's property, this
constitutes a trespass Defenses to trespass to land.
Defendants can raise several defenses to a trespass to land
claim to avoid or mitigate liability.
Common defenses include consent necessity and privilege.
Consent definition. If the property owner consents
to the defendants entry, this serves as a complete defense to
trespass. Scope of consent.
The consent must be valid and within the scope of the
permission granted. Entry beyond the agreed terms or
duration can still constitute trespass.
Revocation consent can be revoked at any time, and any
entry or presence after revocation is trespass.
Example, A person invited to a friend's property for a party
has consent to enter. However, if they return without
permission after the party, any subsequent entry is trespass.
Necessity Definition The defense of necessity applies when the
defendant enters the property to prevent significant harm to
themselves, others, or property. Public necessity This involves
actions taken to prevent harm to the public, such as firefighters
entering property to combat a fire.
Private Necessity This involves actions taken to prevent harm to
oneself or one's property. While private necessity can
justify the entry, the defendant may still be liable for any
damage caused. Example A hiker enters private
land to escape an approaching wildfire.
The necessity of avoiding harm justifies the trespass, but the
hiker may still be responsible for any damage caused during
their escape. Privilege Definition Privilege
allows entry onto another's property based on legal
authority or public policy considerations.
Law enforcement Police officers may enter private property if
they have a warrant or are in hot pursuit of a suspect.
Emergency services, firefighters and paramedics can enter private
property without consent to perform their duties in
emergencies. Example A police officer enters
a backyard while chasing a suspect.
The officer's entry is privileged and lawful under the
circumstances. Trespass to land is a core tort
that protects property owners from unauthorized intrusions.
The key elements intent, entry, and lack of consent define the
boundaries of this tort and establish when an entry onto
property becomes unlawful. Various defenses such as
consent, necessity, and privilege allow for a balanced
approach in determining liability and recognizing
justified entries by safeguarding the rights of
property owners. Trespass to land law maintains
the integrity and exclusive possession of real property,
contributing to social order and respect for private ownership.
Trespass to Chattels Trespass to chattels is a tort that protects
personal property from unauthorized interference.
It provides a legal remedy for individuals whose personal
property is intentionally used, damaged, or deprived by another
person without permission. Below, we elaborate on the
definition, key elements, examples, and defenses
associated with trespass to chattels.
Definition of Trespass to Chattels Trespass to chattels
occurs when a person intentionally interferes with
another person's personal property, resulting in harm or
loss of use. Unlike conversion, which
involves a more severe interference justifying the full
value of the property, trespass to chattels addresses lesser
interferences that still cause harm or deprivation.
Key Elements of Trespass to Chattels To establish a claim
for trespass to chattels, the plaintiff must demonstrate 3
essential elements, intent, interference, and harm or
deprivation intent. Nature of intent.
The defendant must have intended to interfere with the
plaintiff's chattel. This does not require the intent
to cause harm, only the intent to perform the ACT that results
in interference. Substantial certainty.
If the defendant acts with substantial certainty that their
conduct will interfere with the chattel, this satisfies the
intent requirement. Mistaken belief in ownership or
permission does not negate intent.
Example If someone takes a car thinking it belongs to them,
their intent to take the car fulfills the intent element even
if they mistakenly believe they had a right to do so.
Interference. Physical interference.
The defendant must physically interfere with the plaintiff's
chattel. This can include actions like
taking, damaging, or using the chattel without permission.
Types of interference Interference can range from
physically moving the chattel to using or damaging it.
It encompasses any unauthorized control over the plaintiff's
personal property. Example.
If a person borrows a laptop without permission and uses it,
this constitutes interference with the chattel Harm or
deprivation harm. The interference must cause
actual harm to the chattel, such as physical damage or diminished
functionality deprivation. Alternatively, the interference
must deprive the plaintiff of the use of the chattel for a
significant period. Temporary or trivial
interferences typically do not constitute trespass to chattels
unless they cause some form of harm or significant deprivation.
Example If someone takes a bicycle without permission and
returns it after several hours, causing the owner to miss an
important appointment. This deprivation of use can
constitute trespass to chattels. Examples of Trespass to chattels
To illustrate the application of the elements of trespass to
chattels, consider the following scenarios.
Unauthorized use and damage scenario.
A person takes another person's bicycle without permission and
damages it while riding. Analysis.
The person's intentional act of taking and riding the bicycle
without permission constitutes interference, and the damage
caused to the bicycle results in harm.
Fulfilling all elements of trespass to chattels using a
computer without authorization Scenario An individual uses
another person's computer without authorization, causing
it to malfunction. Analysis The unauthorized use of
the computer is interference, and the resulting malfunction
constitutes harm. Establishing trespass to
chattels. Borrowing without permission
Scenario A person borrows a neighbor's lawn mower without
permission and returns it after several hours.
Causing the neighbor to miss the opportunity to mow their lawn
before a storm. Analysis.
The act of borrowing without permission is interference and
the significant period of deprivation.
Missing the opportunity to mow before the storm constitutes
harm. Meeting the criteria for
trespass to chattels. Taking and returning an item.
Scenario A person takes a book from a friend's bag without
asking, reads it, and returns it the next day with pages torn.
Analysis The act of taking and reading the book without
permission is interference, and the torn pages constitute harm.
Fulfilling the elements of trespass to chattels Defenses to
trespass to Chattels Defendants can raise several defenses to a
trespass to chattels Claim to avoid or mitigate liability.
Common defenses include consent necessity and privilege.
Consent Definition. If the plaintiff consented to
the defendants interference with the chattel, this serves as a
complete defense to trespass to chattels.
Scope of consent. The consent must be valid and
within the scope of the permission granted.
Interference beyond the agreed terms can still constitute
trespass to chattels. Example If a person lends their
car to a friend for the weekend, the friends use of the car
within that period is not trespass.
However, if the friend keeps the car beyond the agreed period
without permission, this could be trespassed to chattels.
Necessity Definition. The defense of necessity applies
when the defendant interferes with the chattel to prevent a
greater harm. Public necessity.
Actions taken to prevent harm to the public can justify the
interference. Private necessity actions taken
to prevent harm to oneself or one's property may justify the
interference, but may still require compensation for any
damage caused. Example if someone uses
another's phone without permission to call emergency
services during a crisis. The necessity of preventing
greater harm. Securing help may justify the
interference. Privilege.
Definition Privilege allows interference with the chattel
based on legal authority or public policy considerations.
Law enforcement. Police officers may seize
property as evidence during an investigation if they have
lawful authority. Emergency Services Emergency
responders may use personal property to save lives or
prevent significant harm during emergencies.
Example, A firefighter uses a nearby car's fire extinguisher
to put out a blaze. The firefighters privileged use
of the chattel during an emergency situation is
justified. Trespass to chattels is a vital
tort that protects personal property from unauthorized
interference. The key elements intent,
interference, and harm or deprivation define the scope of
this tort and help distinguish it from other property related
torts like conversion. Various defenses, such as
consent, necessity, and privilege, provide a balanced
approach to determining liability and recognizing
justified interferences. By safeguarding personal
property rights, Trespass to Chattel's Law ensures that
individuals can maintain control over their possessions and seek
redress for unauthorized uses or damages.
Conversion Conversion is a tort that addresses severe
interferences with another person's personal property.
It occurs when someone intentionally exercises control
over the property of another, seriously interfering with the
owner's rights and treating the property as if it were their
own. This tort protects the owner's
right to possess and use their property without unauthorized
interference. Below, we elaborate on the
definition, key elements, examples, and defenses
associated with conversion. Definition of Conversion
Conversion is defined as the intentional exercise of control
over another person's personal property that seriously
interferes with the owner's rights, effectively treating the
property as if it were the defendant's own.
This interference must be significant enough to justify
the defendant paying the full value of the property.
Key elements of conversion To establish a claim for
conversion, the plaintiff must demonstrate 3 essential
elements, intent, dominion or control, and serious
interference. Intent.
Nature of intent. The defendant must have intended
to exercise control over the chattel.
This does not require the intent to harm the owner or to act
wrongfully. It is sufficient if the
defendant intended the actions that led to the control over the
property. Substantial certainty.
If the defendant acted with substantial certainty that their
actions would result in control over the chattel, this satisfies
the intent requirement. Mistaken belief about ownership
or rights does not negate intent.
Example, if someone mistakenly takes a laptop believing it is
theirs, their intent to take and use the laptop fulfills the
intent element even though they mistakenly believe they had the
right to do so. Dominion or control.
Extent of control. The defendant's actions must
result in a significant exercise of dominion, or control over the
plaintiff's chattel. This control must be substantial
enough to interfere with the plaintiff's ability to use or
possess their property. Examples of control Actions such
as taking, selling, destroying, or altering the property can
constitute control. The control exercise must be
more significant than minor or temporary interference.
Example selling someone else's car without permission is a
clear exercise of dominion or control over the vehicle,
effectively treating it as if it were the defendant's own serious
interference. Degree of interference.
The interference must be serious enough to warrant the defendant
paying the full value of the chattel.
This typically involves significant deprivation of use,
destruction, or alteration of the property.
Factors considered Courts may consider factors such as the
duration of the interference, the extent of harm or alteration
to the property, and the inconvenience caused to the
owner. Example.
If someone borrows a friend's car and keeps it for several
months despite repeated demands for its return, the prolonged
deprivation of use constitutes serious interference.
Examples of conversion To illustrate the application of
the elements of conversion, consider the following
scenarios. Unauthorized sale scenario.
A person sells another person's car without their permission,
effectively depriving the owner of its use and value.
Analysis. The unauthorized sale
demonstrates intent to control the car, dominion or control
over the vehicle, and serious interference with the owner's
rights, fulfilling all elements of conversion.
Refusal to return borrowed item Scenario.
An individual borrows a laptop from a colleague and refuses to
return it despite repeated demands from the owner.
Analysis The refusal to return the laptop shows intent to
control exercise of dominion or control over the laptop, and
serious interference with the owner's rights establishing
conversion. Destruction of property Scenario
Someone takes another person's artwork and burns it.
Analysis The act of burning the artwork demonstrates intent to
control dominion, or control over the property, and serious
interference through destruction, satisfying the
elements of conversion. Significant alteration Scenario
A person takes a neighbor's vintage car and modifies it
without permission, altering its original condition.
Analysis The significant alteration of the car shows
intent to control, dominion or control over the car, and
serious interference with the owner's rights by changing the
car's condition constituting conversion defenses to
conversion. Defendants can raise several
defenses to a conversion claim to avoid or mitigate liability.
Common defenses include consent, lawful authority, and necessity.
Consent Definition If the plaintiff consented to the
defendant's exercise of control over the chattel, this serves as
a complete defense to conversion.
Scope of consent The consent must be valid and within the
scope of the permission granted. Actions beyond the agreed terms
can still constitute conversion. Example If someone lends their
car to a friend for a week, the friends use of the car within
that period is not conversion. However, if the friend keeps the
car beyond the agreed period without permission, this could
be conversion. Lawful authority Definition
Lawful authority provides a defense when the defendant has a
legal right to exercise control over the property, such as law
enforcement officers acting within their duties.
Scope of Authority The authority must be valid and correctly
exercised. For example, seizing property
based on a valid court order does not constitute conversion.
Example. A police officer seizes a
vehicle as evidence during an investigation under a valid
warrant. The officers lawful authority
justifies the control over the vehicle.
Necessity Definition. The defense of necessity applies
when the defendant exercises control over the chattel to
prevent a greater harm. Public Necessity Actions taken
to prevent harm to the public can justify conversion.
Private necessity Actions taken to prevent harm to oneself or
one's property may justify conversion, but may still
require compensation for any damage caused.
Example, if someone uses another person's fire extinguisher to
put out a fire and save their property, the necessity of
preventing the greater harm the fire may justify the conversion,
though they might have to compensate for the used
extinguisher. Conversion is a crucial tort
that protects personal property from significant unauthorized
control. The key elements intent,
dominion or control, and serious interference define the scope of
this tort and help distinguish it from lesser interferences
such as trespass to chattels. Various defenses such as
consent, lawful authority, and necessity provide a balanced
approach to determining liability and recognizing
justified exercises of control. By safeguarding personal
property rights, conversion law ensures that individuals can
maintain control over their possessions and seek redress for
severe unauthorized uses or damages.
Summary of chapter 2. Intentional Torts.
Chapter two of the tort Law. Horn Book delves into the
category of intentional torts, which involve deliberate actions
that cause harm to others. The key intentional torts
discussed include battery, assault, false imprisonment,
intentional infliction of emotional distress, IED,
trespass to land, trespass to chattels, and conversion.
Battery defined as intentional and harmful or offensive
physical contact with another person without consent.
Key elements include intent, contact, and the harmful or
offensive nature of the contact. Defenses include consent,
self-defense, and defense of others.
Assault involves creating a reasonable apprehension of
imminent harmful or offensive contact in another person.
Key elements are intent, reasonable apprehension, and
imminence. Defenses include consent,
self-defense, and defense of others.
False imprisonment occurs when a person intentionally confines
another within fixed boundaries without lawful justification and
without consent. Key elements include intent,
confinement, lack of consent, and the plaintiff's awareness or
harm. Defenses include lawful
authority, consent, and necessity.
Intentional infliction of emotional distress.
IAD involves extreme and outrageous conduct that
intentionally or recklessly causes severe emotional
distress. Key elements include extreme and
outrageous conduct, intent or recklessness, causation, and
severe emotional distress. Defenses include lack of intent
or recklessness, conduct not deemed extreme and outrageous,
and the plaintiff not experiencing severe emotional
distress. Trespass to land occurs when a
person intentionally enters or remains on another's property
without permission or lawful justification.
Key elements include intent, entry, and lack of consent.
Defenses include consent, necessity, and privilege.
Trespass to chattels involves intentional interference with
another's personal property resulting in harm or loss of
use. Key elements include intent,
interference, and harm or deprivation.
Defenses include consent, necessity, and privilege.
Conversion, defined as the intentional exercise of control
over another's personal property that seriously interferes with
the owner's rights. Key elements include intent,
dominion or control, and serious interference.
Defenses include consent, lawful authority, and necessity.
These intentional torts address various forms of wrongful
conduct, providing legal frameworks to protect
individuals, rights, and property from intentional harm.
The chapter also highlights relevant defenses, offering a
balanced approach to adjudicating claims and
recognizing justified actions. In this chapter, we've explored
the core concepts of intentional torts, which involve deliberate
actions that cause harm or interfere with the rights of
others. These torts include battery,
assault, false imprisonment, intentional infliction of
emotional distress, trespass to land, trespass to chattels, and
conversion. Each tort has specific elements
that must be proven for a successful claim, and various
defenses may be raised to counter these claims.
Understanding these foundational aspects of intentional torts is
essential for navigating the complexities of tort law.