In the below video summary, Reporters Kenneth W. Simons and W. Jonathan Cardi walk through portions of Tentative Draft No. 5 (2020) of Restatement of the Law Third, Torts: Intentional Torts to Persons, which contains Sections from Chapter 3, Privileges.

Sections discussed in the summary include:

§ 20. Definitions for Privileges
§ 23. Self-Defense by Deadly Force
§ 26. Liability to Bystander for Intentional Tort or for Negligence
§ 31. Privilege to Defend Land or Personal Property from Intrusion by Use of a Mechanical Device
§ 32. Scope of Privilege to Regain Possession of Land or Personal Property
§ 35. Private Actor’s Privilege to Use Force for the Purpose of Arrest
§ 37. Merchant’s Privilege
§ 39. Law Enforcement Privilege
§ 42. Conditions on the Privileges to Arrest or to Investigate, Terminate, or Prevent Crime

This project was on the 2020 Annual Meeting agenda. Although this year’s Annual Meeting has been cancelled, project drafts are being produced and posted online. Each will be a Tentative Draft, but no motions may be made and no voting will occur. The drafts may be revised or supplemented before submission at the Annual Meeting in May 2021. 

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Kenneth W. Simons

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

Kenneth W. Simons is a leading scholar of tort law, criminal law, and law and philosophy. He has published influential scholarship concerning assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. He has published influential scholarship concerning assumption of risk and contributory negligence; the nature and role of mental states in criminal, tort and constitutional law; and negligence as a moral and legal concept. Professor Simons was a law clerk to U.S. Supreme Court Justice Thurgood Marshall and to Judge James L. Oakes, U.S. Court of Appeals for the Second Circuit.

W. Jonathan Cardi

Associate Reporter, Restatement of the Law Third, Torts: Intentional Torts to Persons

Jonathan Cardi  is a professor at Wake Forrest University School of Law. Professor Cardi specializes in tort law, the law of remedies, and the intersection of race and the law. He is co-author of a torts casebook, a remedies casebook, two commercial outlines, and is co-editor of a book entitled Critical Race Realism. He has served as President of the Southeastern Association of Law Schools and Chair of the Remedies Section of the AALS.

Jennifer Morinigo

The American Law Institute

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