Restatement Approach to Battery | Jonathan Zittrain | August 13, 2011

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Restatement Approach to Battery

by Jonathan Zittrain

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Restatement (Third) of Torts


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Liability For Intentional Physical Harm


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     An actor who intentionally causes physical harm is subject to liability for that harm.



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Restatement (Second) of Torts


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     (1) An actor is subject to liability to another for battery if

          (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and

          (b) an offensive contact with the person of the other directly or indirectly results.

     (2) An act which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm.

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