Torts: Intentional Torts to Persons Image
Restatement of the Law Third,

Torts: Intentional Torts to Persons

This work focuses on the major avenues of recovery for physical and emotional harm to persons. It revises coverage of intentional torts in the Restatement Second, Torts. 

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    Tentative Draft No. 3
    Tentative Draft No. 3
    156 pages, 2018, #1R3ITPTD3

    Project Status at a Glance;  Foreword;  Reporters’ Memorandum;  CHAPTER 1 DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT: § 7. False Imprisonment: General Definition, § 8. False Imprisonment: What Constitutes a Confinement, § 9. False Imprisonment: Confinement by Assertion of Legal Authority, § 10. Participation in an Intentional Tort; Appendix A: Black Letter of Tentative Draft No. 3; Appendix B: Other Relevant Black-Letter Text

    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.

    156 pages, 2018, #1R3ITPTD3E

    Project Status at a Glance;  Foreword;  Reporters’ Memorandum;  CHAPTER 1 DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT: § 7. False Imprisonment: General Definition, § 8. False Imprisonment: What Constitutes a Confinement, § 9. False Imprisonment: Confinement by Assertion of Legal Authority, § 10. Participation in an Intentional Tort; Appendix A: Black Letter of Tentative Draft No. 3; Appendix B: Other Relevant Black-Letter Text

    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
    154 pages, 2017, #1R3ITPTD2E

    Project Status at a Glance  xii

    Foreword  xiii

    Reporters’ Memorandum  xvii

    CHAPTER 1

    DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT

    § 3. Battery: Definition of Offensive Contact  1

    a. The contact offends a reasonable sense of personal dignity  1

    b. The actor knows that the contact is highly offensive to the plaintiff  4

    c. “Purpose to offend” as an alternative to § 3(b)   8

    § 7. False Imprisonment  27

    a. History and nomenclature  27

    b. Rationales for liability for false imprisonment  27

    c. Intent to confine  28

    d. Transferred intent  29

    e. Comparison to negligence liability  30

    f. Liability for omission to release from confinement  30

    g. Awareness of confinement is ordinarily required  33

    h. Awareness of confinement not required if confinement causes bodily harm  33

    i. Factual cause and scope of liability  36

    j. Privileges to confine without the other’s consent  36

    k. Requirement of absence of consent  37

    l. Criminal false imprisonment and kidnapping compared  38

    m. Relationship to constitutional torts  38

    § 8. What Constitutes a Confinement  68

    a. History  68

    b. Confinement: general considerations  68

    c. Physical and temporal scope of confinement  69

    d. Alternative methods of confinement  70

    e. Confinement by actual or apparent physical barriers  71

    f. Confinement by physical force or physical restraint  72

    g. Confinement by threat of immediate physical force or of

                immediate physical restraint  73

    h. Confinement by causing duress  76

    i. Threats and forms of pressure that are not sufficient for confinement  77

    § 9. Confinement by Assertion of Legal Authority  101

    a. History  101

    b. Assertion of legal authority as a mode of confinement  101

    c. Relationship to “wrongful arrest” or “false arrest.”  102

    d. Rationales  103

    e. What constitutes an assertion of legal authority  103

    f. Submission to assertion of legal authority  105

    g. Plaintiff believes that he or she might have a duty to comply or

              fears adverse legal consequences  107

    h. Plaintiff need not believe that the actor has the legal authority

              that he or she asserts  108

    i. Overlap between § 8(b) and (c) and § 9  110

    j. Wrongful prosecution of criminal proceedings, wrongful use of civil

              proceedings, and abuse of process distinguished  111

    Appendix A: Black Letter of Tentative Draft No. 2  123

    Appendix B: Other Relevant Black-Letter Text  125

    Appendix C: Black-Letter Consent Sections from Preliminary Draft No. 4  129

    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.

     
  •  
    Tentative Draft No. 1
    Tentative Draft No. 1
    200 pages, 2015, #1R3ITPTD1

    Chapter 1 - Definitions of Intentional Torts to Persons; Transferred Intent
    § 101. Battery: General Definition [§ 101(d) of the black letter is for discussion only]
    § 102. Battery: Required Intent
    § 104. Purposeful Infliction of Bodily Harm [§ 104(b) of the black letter  is for discussion only]
    § 105. Assault [§ 105(c) of the black letter is for discussion only]
    § 106. Intentional (or Reckless) Infliction of Emotional Harm
    § 107. False Imprisonment
    § 110. Transferred Intent

    Chapter 2 - Consent
    § 111. Categories of Legally Effective Consent
    § 112. Actual Consent           
    § 113. Conditions that Render Actual Consent Ineffective
    § 114. Conditions that Limit the Scope of Actual Consent
    § 115. Apparent Consent
    § 116. Substitute Consent
    § 117. Implied-in-Law Consent [or “Constructive” Consent]
    § 118. Emergency Doctrine
    § 119. Consent to Medical Treatment

    Chapter 3 - Privileges
    § 120. Self-Defense and Defense of Others
    § 121. Privilege to Arrest or Detain
    § 122. Other Privileges

    Appendix: Black Letter of Tentative Draft No. 1

    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

    200 pages, 2015, #1R3ITPTD1E

    Chapter 1 - Definitions of Intentional Torts to Persons; Transferred Intent
    § 101. Battery: General Definition [§ 101(d) of the black letter is for discussion only]
    § 102. Battery: Required Intent
    § 104. Purposeful Infliction of Bodily Harm [§ 104(b) of the black letter  is for discussion only]
    § 105. Assault [§ 105(c) of the black letter is for discussion only]
    § 106. Intentional (or Reckless) Infliction of Emotional Harm
    § 107. False Imprisonment
    § 110. Transferred Intent

    Chapter 2 - Consent
    § 111. Categories of Legally Effective Consent
    § 112. Actual Consent           
    § 113. Conditions that Render Actual Consent Ineffective
    § 114. Conditions that Limit the Scope of Actual Consent
    § 115. Apparent Consent
    § 116. Substitute Consent
    § 117. Implied-in-Law Consent [or “Constructive” Consent]
    § 118. Emergency Doctrine
    § 119. Consent to Medical Treatment

    Chapter 3 - Privileges
    § 120. Self-Defense and Defense of Others
    § 121. Privilege to Arrest or Detain
    § 122. Other Privileges

    Appendix: Black Letter of Tentative Draft No. 1

    This draft includes Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent, of which Sections 101-105 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 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