Australian High Court Cites Intentional Torts Tentative Draft

On June 3, 2020, the Australian High Court cited §§ 26 and 44 in a decision involving the use of CS gas, a form of tear gas, during an incident at a juvenile detention center. The question was whether the tort of battery was committed when prison officers used tear gas to control a disruptive detainee in a youth detention center; the allegations of battery were made, not by the disruptive detainee themselves, but by four other detainees who were located nearby and were exposed to the gas. Read the full opinion: Binsaris v. Northern Territory; Webster v. Northern Territory; O'Shea v. Northern Territory; Austral v. Northern Territory [2020] HCA 22 (3 June 2020). 

View the Black Letter of §§ 26 and 44 of Tentative Draft No. 5, Chapter 3. Privileges, from Restatement of the Law Third, Torts: Intentional Torts to Persons here.