Thursday, May 29, 2014
Restatement of Intentional Torts: Assault
In an attempt to elicit comments about the ALI's Restatement of Intentional Torts, Ken Simons and Ellen Pryor asked that I post the black letter portions of the current draft. If you have comments, you can post them here or send them directly to Ken and Ellen (or both). Ken can be reached at: [email protected] and Ellen at [email protected]. The entire draft, comments and all, is here.
§ 103. Assault
An actor is subject to liability to another for assault if:
(a) the actor intends to cause the other to apprehend that a harmful or
offensive contact with his or her person is imminent;
(b) the actor’s conduct causes the other to apprehend that a harmful or
offensive contact with his or her person is imminent; and
(c) the actor does not actually consent to the apprehension [or to the conduct
causing the apprehension].
--CJR
https://lawprofessors.typepad.com/tortsprof/2014/05/restatement-of-intentional-tort-assault.html
1. Is there another intentional tort governing assault like conduct where the Plaintiff's property. animals, or loved ones, rather than the Plaintiff is the target of the imminent contact?
2. With regard to consent, who can consent for a minor or incapacitated person, can there by after the fact ratification (e.g. once a practical joke is revealed), and are there excluded classes of circumstances that comprised generalized assumptions of risk (e.g. haunted houses or attendance at magic shows).
Posted by: ohwilleke | Jun 3, 2014 2:48:02 PM