Intentional torts - Harms to the person

Learning Outcomes

After reading this article, you will be able to identify and apply the elements of intentional torts causing harm to the person: battery, assault, and false imprisonment. You will understand the required intent, causation, and available defenses, and be able to distinguish these torts from each other and from negligence, as required for MBE questions.

MBE Syllabus

For MBE, you are required to understand the law of intentional torts that cause harm to the person. This includes knowing the elements, intent requirements, causation, and common defenses. You should be able to:

• Recognize and apply the elements of battery, assault, and false imprisonment.
• Distinguish between specific and general intent, and transferred intent.
• Identify causation and damages requirements.
• Apply common defenses such as consent and self-defense.
• Differentiate intentional torts from negligence and other torts.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is NOT required to establish battery?
   1. Harmful or offensive contact
   2. Intent to cause contact
   3. Actual physical injury
   4. Causation
2. A defendant swings at Person A, intending to hit A, but misses and hits Person B. Which doctrine applies?
   1. General intent
   2. Transferred intent
   3. Negligence
   4. Strict liability
3. Which of the following is a defense to an intentional tort?
   1. Mistake of fact
   2. Consent
   3. Lack of foreseeability
   4. Contributory negligence

Introduction

Intentional torts—harms to the person—are a core topic for the MBE. These torts require a volitional act, intent, causation, and often result in liability even if the defendant did not intend the specific harm that occurred. The main intentional torts in this area are battery, assault, and false imprisonment. Understanding the precise elements and distinctions is critical for answering MBE questions accurately.

Battery

Battery is the intentional infliction of harmful or offensive contact with another person.

Key Term: Battery The intentional infliction of harmful or offensive contact with another's person, without consent.

To prove battery, the plaintiff must show:

• A volitional act by the defendant
• Intent to cause harmful or offensive contact (specific or general intent)
• Harmful or offensive contact results
• Causation (the act caused the contact)

No actual physical injury is required—offensive contact suffices. The contact can be direct (touching the person) or indirect (setting in motion a force that contacts the person).

Assault

Assault is the intentional act that causes another to reasonably apprehend imminent harmful or offensive contact.

Key Term: Assault The intentional act causing another to reasonably apprehend imminent harmful or offensive contact.

Elements of assault:

• Volitional act by the defendant
• Intent to cause apprehension of imminent contact
• Plaintiff's reasonable apprehension of such contact
• Causation

Words alone are generally insufficient unless accompanied by conduct. The apprehension must be of imminent, not future, contact.

False Imprisonment

False imprisonment is the intentional confinement of another within fixed boundaries, without lawful justification.

Key Term: False Imprisonment The intentional confinement of a person within fixed boundaries, without legal authority or consent.

Elements:

• Act or omission by the defendant that confines the plaintiff
• Intent to confine
• Plaintiff is aware of or harmed by the confinement
• Causation

Confinement can be by physical barriers, force, threats, or failure to provide a means of escape. Moral pressure or future threats are not enough.

Intent in Intentional Torts

Intent can be specific (purpose to cause the result) or general (knowledge with substantial certainty the result will occur).

Key Term: Intent The purpose to cause a result or knowledge with substantial certainty that the result will occur.

Transferred intent applies when the defendant intends one tort or victim but causes another tort or harms a different victim.

Key Term: Transferred Intent The doctrine allowing intent to commit one tort against one person to satisfy the intent requirement for a different tort or victim.

Causation and Damages

Causation requires that the defendant's act or omission was a substantial factor in bringing about the harm. Actual damages are not required for battery, assault, or false imprisonment—nominal damages may be awarded.

Defenses to Intentional Torts

Common defenses include consent, self-defense, defense of others, and defense of property.

Key Term: Consent Voluntary agreement to the defendant's conduct, negating liability for an intentional tort.

Consent can be express or implied. Self-defense allows reasonable force to prevent imminent harm.

Worked Example 1.1

A throws a rock at B, intending to scare B, but the rock hits B and causes a bruise. Is A liable for battery?

Answer: Yes. A intended to cause contact (even if just to scare), and harmful contact occurred. Battery does not require intent to injure, only intent to cause contact that is harmful or offensive.

Worked Example 1.2

C locks D in a room for 10 minutes as a prank. D is aware of the confinement but suffers no physical harm. Can D recover for false imprisonment?

Answer: Yes. D was intentionally confined without consent, was aware of the confinement, and physical harm is not required for liability.

Worked Example 1.3

E swings a stick at F, intending to hit F, but misses. F sees the swing and fears being struck. Is E liable for assault?

Answer: Yes. E's act caused F to reasonably apprehend imminent harmful contact, satisfying the elements of assault.

Exam Warning

On the MBE, remember that transferred intent applies only to battery, assault, false imprisonment, trespass to land, and trespass to chattels. It does not apply to intentional infliction of emotional distress.

Revision Tip

Always check for the required intent—intentional torts do not require intent to harm, only intent to cause the contact or confinement.

Key Point Checklist

This article has covered the following key knowledge points:

• Battery, assault, and false imprisonment are the main intentional torts causing harm to the person.
• Intent can be specific or general; transferred intent may apply.
• Causation is required but actual damages are not.
• Defenses include consent and self-defense.
• Distinguish intentional torts from negligence—intentional torts require intent, not just carelessness.

Key Terms and Concepts

• Battery
• Assault
• False Imprisonment
• Intent
• Transferred Intent
• Consent