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I.C. The Restatement Approach to Assault and Battery
  • 1 Restatement Approach to Assault

    2
    Restatement (Second) of Torts

    5
    § 21. Assault


    8

         (1) An actor is subject to liability to another for assault 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) the other is thereby put in such imminent apprehension.

         (2) An action which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for an apprehension caused thereby although the act involves an unreasonable risk of causing it and, therefore, would be negligent or reckless if the risk threatened bodily harm.

  • 2 CFTC: Petition for Rulemaking concerning the requirements of "Actual Delivery"

    As part of such rulemaking, the Commission is requested to promulgate the elements that are necessary to satisfy the requirements of “actual delivery” under CEA 2©(2)(D)(iiXIID as applied to leveraged or financed retail cryptocurrency transactions. ‘We believe this is warranted because the Commission has not articulated these elements with respect to the newly developing cryptocurrency and blockchain marketplaces, which may have unique attributes that would suggest a different approach relative to the more traditional markets under the Commission's jurisdiction. Absent a definitive Commission statement identifying the essential elements, market participants must attempt to discern what is lawful and what is problematic through assessments of enforcement orders, which are focused on a single entity at a time and may or may not be instructive.

  • 3 Restatement Approach to Battery

    2
    Restatement (Third) of Torts

    5
    Liability For Intentional Physical Harm

    7

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



    11
    Restatement (Second) of Torts

    13

         (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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