Intentional torts are a core topic in Torts and are frequently tested on the bar exam. Questions often focus on specific elements of each tort and how they differ from negligence.
Understanding the structure of intentional torts makes these questions predictable.
What Are Intentional Torts?
Intentional torts involve deliberate actions that cause harm. Unlike negligence, which focuses on unreasonable conduct, intentional torts require intent.
The key issue is whether the defendant intended the act and the resulting harm.
Common Intentional Torts
The most frequently tested intentional torts include:
• Assault and battery
• False imprisonment
• Trespass to land and conversion
• Intentional infliction of emotional distress (IIED)
Each tort has distinct elements but shares the requirement of intent.
Assault and Battery
Assault involves placing another in reasonable apprehension of imminent harmful or offensive contact.
Battery involves harmful or offensive physical contact.
For a detailed breakdown of assault and battery, see our assault and battery guide.
False Imprisonment
False imprisonment occurs when a person is intentionally confined to a bounded area without lawful justification.
For a full explanation, see our false imprisonment guide.
Trespass and Conversion
Trespass to land involves an intentional physical invasion of property.
Conversion involves serious interference with personal property.
For more detail, see our property torts guide.
Intentional Infliction of Emotional Distress (IIED)
IIED requires extreme and outrageous conduct that causes severe emotional distress.
This tort is often tested with borderline fact patterns.
For a deeper analysis, see our IIED guide.
How Intent Is Tested on the Bar Exam
Intentional torts require intent, which can be satisfied by:
• Purpose to bring about a result
• Knowledge with substantial certainty
Transferred intent may also apply between certain torts.
Example
If a defendant throws a rock intending to hit one person but hits another, intent transfers and liability may still apply.
Common Exam Traps
Intentional tort questions often include traps such as:
• Confusing intent with negligence
• Overlooking transferred intent
• Misidentifying the specific tort
Careful element-by-element analysis is essential.
How Intentional Torts Are Tested on the Bar Exam
Questions typically require:
• Identifying the correct tort
• Applying the elements
• Distinguishing intentional torts from negligence
On essays, clearly state the elements and apply them. On multiple-choice questions, focus on intent and the nature of the harm.
Intentional torts are often tested alongside negligence, which focuses on unreasonable conduct rather than intentional harm.