In California, as in most jurisdictions, intentional torts are wrongful acts that are committed deliberately with the intention of causing harm to another person or their property. These intentional torts can take various forms, and some common types recognized in California include:
- Assault: Assault occurs when someone intentionally puts another person in reasonable apprehension of imminent harmful or offensive contact. Physical contact is not necessary for assault to occur; it’s the fear of imminent harm that matters.
- Battery: Battery involves the intentional and harmful or offensive touching of another person without their consent. Unlike assault, battery requires actual physical contact.
- False Imprisonment: False imprisonment occurs when someone intentionally confines or restrains another person against their will, without lawful justification. This can include physically restraining someone or confining them within a bounded area.
- Intentional Infliction of Emotional Distress (IIED): IIED involves intentionally engaging in extreme and outrageous conduct that causes severe emotional distress to another person. The conduct must go beyond mere insults or annoyances and must be so extreme that it exceeds the bounds of decency.
- Trespass to Land: Trespass to land occurs when someone intentionally enters onto the land of another person without permission or legal right. This can include physical entry onto the property or causing an object to enter onto the property.
- Trespass to Chattels: Trespass to chattels involves intentionally interfering with another person’s personal property without their consent, causing harm or deprivation of the property’s use. This could include damaging, taking, or using someone else’s personal property without permission.
- Conversion: Conversion occurs when someone intentionally takes, uses, or interferes with another person’s personal property in a manner that deprives the owner of its use and control. Unlike trespass to chattels, conversion involves a substantial interference with the property rights of the owner.
These are some of the main types of intentional torts recognized under California law. Each type of intentional tort has specific elements that must be proven in order to establish liability, and the availability of remedies may vary depending on the circumstances of each case.