Torts: Intentional Torts to Persons

Tentative Draft No. 6 contains §§ 17-19 from Chapter 2, Consent; §§ 20-26 and 30-46 from Chapter 3, Privileges; and §§ 50- 51 from Chapter 4, Miscellaneous Provisions. This draft was approved by the membership at the 2021 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

Tentative Draft No. 5 contains § 20 of Chapter 3, Topic 1, Definitions for Privileges; §§ 21-26 of Chapter 3, Topic 2, Self-Defense and Defense of Third Persons; §§ 30-34 of Chapter 3, Topic 3, Defense of Actor’s Interest in Possession of Land and Personal Property, and §§ 35-44 of Chapter 3, Topic 4, Arrest and Prevention or Termination of Crime. This draft was prepared for consideration at the 2020 Annual Meeting, which was cancelled. The draft has not been considered by the membership of ALI and therefore does not represent the position of the Institute on any of the issues with which it deals. The draft may be revised or supplemented prior to consideration by the membership in 2021.

Tentative Draft No. 4 contains § 3 (Battery: Definition of Offensive Contact) and §§ 1, 4, 5, and 7 (Consent Provisions for Specific Intentional Torts to Persons) of Chapter 1, Definitions; §§ 12-19 of Chapter 2, Consent; § 20 of Chapter 3, Topic 1, General Principles for Privileges; and §§ 30-34 of Chapter 3, Topic 3, Defense of Actor’s Interest in Possession of Land and Personal Property. Except for §§ 17-19 of Chapter 2 and §§ 20 and 30-34 of Chapter 3, the draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. There was insufficient time to consider the remaining material. The approved material may be cited as representing the Institute’s position until the official text of the entire project is published.

Tentative Draft No. 3 contains §§ 7 – 10 of Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent. The draft was approved by the membership at the 2018 Annual Meeting (except for § 7(d) and Comment k, for which approval was not yet sought), subject to the discussion at the Meeting and the usual editorial prerogative. The approved material may be cited as representing the Institute’s position until the official text of the entire project is published.

Tentative Draft No. 2 contains Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent. At the 2017 Annual Meeting, a motion to strike the knowledge provision in § 3(b)(i) passed, and the Reporters accepted a motion to add the words “sole or principal” before “purpose” in § 3(b)(ii) as a friendly amendment. The material in this draft will be submitted for approval at a future Annual Meeting.

This draft includes Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent, of which Sections 101-105;110 were submitted for approval. These sections, with the exceptions noted below, were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published. The following was subject to discussion only and is not considered approved material: Chapter 1 § 101(d), and Comments f, g; § 104(b), and Comment d; and § 105(c), and Comment j.