The five thoughtful, incisive articles by Professors Bernstein, Chamallas, Geistfeld, Moore, and Sugarman offer a breathtaking range of perspectives on the Restatement, Third of Torts: Intentional Torts to Persons (“ITR”). Some view tort law from the widest vantage point, inquiring whether this forest deserves its own appellation or should instead be assimilated to the rest of tort’s greenery. Some focus more on the trees–on the distinct doctrines that characterize the torts and defenses that ITR is restating. In this response, we engage with the participants at both levels.
Kenneth W. Simons Posts
Assumption of Risk and Consent in the Twenty-First Century
by Kenneth W. Simons | Nov 6, 2018 | Torts: Intentional Torts to Persons
In his Chancellor’s lecture at UCI School of Law, “Assumption of Risk and Consent in the Twenty-First Century,” Kenneth W. Simons discusses the definitions of consent and assumption of risk with illustrations referencing Harry Houdini, the infamous “Flopper” ride from Coney Island, and Sluggerrr the Kansas City Royals mascot hitting a fan with a hot dog.
False Imprisonment: What Constitutes a Confinement and Confinement by Assertion of Legal Authority?
by Kenneth W. Simons | Apr 23, 2018 | Torts: Intentional Torts to Persons
In this video, project Reporters Ken Simons and Jonathan Cardi discuss what makes a confinement an intentional tort, including confinement by assertion of legal authority.
Confinement by Assertion of Legal Authority
by Kenneth W. Simons | Apr 10, 2017 | Torts: Intentional Torts to Persons
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
by Kenneth W. Simons | Mar 24, 2017 | Torts: Intentional Torts to Persons
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.