Law of Torts, UWSL

Torts

Against Person
Against Person: Body

1. Assault: It is an act that causes the victim to apprehend the infliction of

immediate and unlawful force on his person. The act must be intentional
and must create a reasonable apprehension of immediate harm in the
mind of the victim. The victim need not be physically touched for an
assault to occur .
2. Battery: It is an intentional and unpermitted contact with another
person’s body that results in harm or offense to that person. The contact
must be harmful or offensive to a reasonable person, and it must be made
without the consent of the victim .
3. Mayhem: It is a tort that causes severe injury to the victim in such a way
that he is unable to defend himself from the tortfeasor. It is closely
intertwined with assault and battery .
4. False Imprisonment: It is an intentional tort that occurs when one person
intentionally restricts another person’s freedom of movement without
their consent and without lawful justification. The restraint can be
physical or by threat of force, and it must be against the will of the victim.

Against Person: Reputation

1. Libel: It is a written or published false statement that harms a person’s

reputation. The statement must be defamatory, meaning that it must be
capable of damaging the person’s reputation in the eyes of a reasonable
person. The statement must also be false, and it must be communicated
to a third party. Examples of libel include false statements made in
newspapers, magazines, books, or on the internet 12.
2. Slander: It is an oral false statement that harms a person’s reputation. The
statement must be defamatory, meaning that it must be capable of

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damaging the person’s reputation in the eyes of a reasonable person. The

statement must also be false, and it must be communicated to a third
party. Examples of slander include false statements made during a
speech, on television or radio broadcasts, or in casual conversation

Against Person: Reputation and Person

1. Malicious Prosecution: It is a tort that occurs when one person initiates a legal proceeding
against another person without probable cause and with malice. The plaintiff must prove that
the defendant initiated the legal proceeding, that there was no probable cause for the
proceeding, that the defendant acted with malice, and that the proceeding terminated in favor
of the plaintiff. Malicious prosecution is different from abuse of process in that it involves the
initiation of a legal proceeding without probable cause, whereas abuse of process involves
the misuse of a legal proceeding for an ulterior motive 123.
2. Malicious Civil Action: It is a tort that occurs when one person initiates a civil action against
another person without probable cause and with malice. The plaintiff must prove that the
defendant initiated the civil action, that there was no probable cause for the action, that the
defendant acted with malice, and that the action terminated in favor of the
plaintiff. Malicious civil action is similar to malicious prosecution in that it involves the
initiation of a legal proceeding without probable cause and with malice 12.
3. Abuse of Legal Process: It is a tort that occurs when one person misuses a legal proceeding
for an ulterior motive. The plaintiff must prove that the defendant misused a legal proceeding,
that there was an ulterior motive for the misuse, and that the plaintiff suffered damages as a
result of the misuse. Abuse of legal process is different from malicious prosecution in that it
does not require the initiation of a legal proceeding without probable cause .

Against Person: Domestic Rights

1. Marital Rights: Torts relating to marital rights is one of the aspects of the term loss of
consortium. Loss of consortium means torts where a tortfeasor causes deprivation of the
benefits of a family relationship. It is to provide compensation to the spouse or the members
of the family by the defendant in a case where personal injuries have occurred to another
spouse or family member. Torts relating to marital rights protect the deprivation of sexual
relationship and also includes loss that a husband or wife suffers due to deprivation from
care, affection, and companionship of the other spouse 12.
2. Parental Rights: Parental rights are legal rights that a parent has to make decisions for their
child and to care for their child. In tort law, parental rights can be violated if someone harms
a child or interferes with a parent’s ability to care for their child. For example, if someone

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 Law of Torts, UWSL

kidnaps a child or harms a child in some way, they may be liable for damages under tort
law 3.
3. Right to Service: The right to service is a legal right that entitles an individual to receive
services from another party. In tort law, the right to service can be violated if someone fails
to provide services that they are legally obligated to provide. For example, if a doctor fails to
provide adequate medical care to a patient, they may be liable for damages under tort law .

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 Law of Torts, UWSL

Against Property
Against Property: Immovable Property

1. Trespass: It is an intentional and unauthorized entry onto another person’s property. The
entry can be physical or non-physical, such as by throwing an object onto the property.
Trespass can also occur when someone remains on another person’s property after being
asked to leave .
2. Trespass ab initio: is a legal doctrine that applies to immovable property. It means that if a
person enters another person’s property with permission, but then exceeds the scope of that
permission, they are considered to be a trespasser from the beginning of their entry. This
means that the person who owns the property can sue the trespasser for any damages that
they caused, even if the owner initially gave them permission to enter the property.
3. Dispossession: It is the act of depriving someone of possession of their property without their
consent. Dispossession can occur through force, fraud, or other means. In tort law,
dispossession can give rise to a claim for damages . Eg. A landlord locks a tenant out of their
apartment without following proper legal procedures .
4. Reversionary Rights: It is a legal right that allows a person to regain ownership of property
after a certain period of time has passed or after certain conditions have been met.
Reversionary rights are often used in leases and other types of contracts where ownership of
property is transferred for a limited period of time . Eg. A landlord leases a property to a
tenant for a specific period of time, but retains the right to take possession of the property
after the lease expires .
5. Waste: It is the destruction, damage, or misuse of property by someone who has a limited
interest in that property. Waste can occur when someone who has only temporary possession
of property uses it in a way that causes damage or reduces its value . Eg. A tenant damages a
rental property by removing fixtures or making unauthorized alterations to the property .
6. Easement Rights: It is a legal right that allows someone to use another person’s property for a
specific purpose. Easement rights can be granted by agreement between the parties or by
court order. Examples of easement rights include the right to use a driveway or walkway that
crosses another person’s property . Eg. A person has the right to use a neighbor’s driveway to
access their own property .
7. Natural Rights: It is a concept in legal theory that refers to rights that are inherent in human
beings and are not dependent on any particular legal system or government. Natural rights
are often associated with the idea of natural law, which holds that there are certain moral
principles that are inherent in nature and can be discovered through reason .

Against Property: Movable Property

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 Law of Torts, UWSL

1. Trespass of Movable Property: It is an intentional and unauthorized interference with another

person’s movable property. The interference can be physical or non-physical, such as by
taking or using the property without permission. Trespass of movable property can also occur
when someone remains in possession of the property after being asked to return it to the
rightful owner. Eg. A person takes another person’s bicycle without permission and rides it
around the block.
2. Trespass ab initio of Movable Property: It is a legal doctrine that applies to movable property.
It means that if a person takes possession of another person’s property with permission, but
then exceeds the scope of that permission, they are considered to be a trespasser from the
beginning of their possession. This means that the person who owns the property can sue the
trespasser for any damages that they caused, even if the owner initially gave them permission
to possess the property. Eg. A person borrows a friend’s car with permission to drive it to the
store, but then takes it on a road trip without the friend’s permission. The person is considered
to be a trespasser from the beginning of their possession of the car
3. Conversion of Movable Property: It is an intentional and unauthorized exercise of control
over another person’s movable property that interferes with the owner’s right to use and
enjoy the property. Conversion can occur when someone takes or uses another person’s
property without permission, or when someone refuses to return property that they have
borrowed or rented. Eg. Trover v. Brown: This case is a landmark case in the law of
conversion. The plaintiff, Trover, sued the defendant, Brown, for converting his horse. The
court held that the plaintiff was entitled to damages for the full value of the horse, even
though the defendant had only used the horse temporarily.
4. Detention of Movable Property: It is an intentional and unauthorized interference with another
person’s right to possess their movable property. Detention can occur when someone refuses to
return property that they have borrowed or rented, or when someone takes possession of another
person’s property without permission and refuses to return it. Eg. Harris v. Brooks: This case is a
leading case in the law of detention. The plaintiff, Harris, sued the defendant, Brooks, for
detaining his car after he had rented it. The court held that the defendant was liable for damages
because he had detained the car without justification.

Against Property: Both Movable and Immovable Property

1. Slander of Title: It is a tort that occurs when someone makes a false statement that harms
another person’s reputation or property rights. Slander of title can occur when someone
makes a false statement about another person’s ownership of property, such as by claiming
that they have a lien on the property when they do not. For example, if a person falsely claims
that they have a mortgage on another person’s property, they may be liable for slander of
title.
2. Slander of Goods: It is a tort that occurs when someone makes a false statement about another
person’s goods or products. Slander of goods can occur when someone makes a false

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 Law of Torts, UWSL

statement about the quality or condition of another person’s goods, such as by claiming that
they are defective when they are not. For example, if a person falsely claims that a company’s
products are unsafe, they may be liable for slander of goods.
3. Maintenance: It is a tort that occurs when someone provides assistance to another person in
a legal proceeding without having any legitimate interest in the case. Maintenance can occur
when someone provides financial assistance to another person in a legal proceeding in order
to influence the outcome of the case. For example, if a person provides financial assistance to
one party in a lawsuit in order to influence the outcome of the case, they may be liable for
maintenance.
4. Conspiracy: It is a tort that occurs when two or more people agree to commit an unlawful
act. Conspiracy can occur in many different contexts, such as in business dealings or in
criminal activities. For example, if two people agree to commit fraud in order to obtain money
from another person, they may be liable for conspiracy.

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