Torts: Intentional Torts to Persons Posts

Court decision impacts privacy claims

A trio of Wyoming Supreme Court decision released Dec. 19 have established an avenue for plaintiffs to collect damages for privacy invasion in the Cowboy State for the first time.

October Council Meeting Updates

At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:

Conceptualizing the Intentional Torts

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.

Restating the Tort of Battery

This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.

Confinement by Assertion of Legal Authority

The ALI Adviser regularly shares content of ALI drafts. Due to the length of the Section, full black letter and the first paragraph of each comment section are included below.

Battery: Definition of Offensive Contact

Section 3 – Battery: Definition of Offensive Contact, of the Intentional Torts project appeared at ALI’s Annual Meeting in 2015 (at the time it was numbered Section 103). Due to a close vote on Section 3(b) (then 103(b)), it was agreed that this Section would be brought back to a future Annual Meeting.