Intentional Torts Posts

U.S. Supreme Court Cites Restatement of Torts

In Torres v. Madrid, the U.S. Supreme Court held that “the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued,” and cited the Restatement of the Law, Torts, in reasoning that the common law considered the mere touching of an arrestee to be a seizure by force.

Intentional Torts: Defense of Actor’s Interest in Possession of Land and Personal Property

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The following entry contains the Scope Note and select Black Letter of Tentative Draft No. 5, Chapter 3. Privileges, Topic 3. Defense of Actor’s Interest in Possession of Land and Personal Property, from Restatement of the Law Third, Torts: Intentional Torts to Persons. The full draft contains Comments and Reporters’ Notes.