Restatement of Intentional Torts: Assault

In an attempt to elicit comments about the ALI’s Restatement of Intentional Torts, Ken Simons and Ellen Pryor asked that I post the black letter portions of the current draft.  If you have comments, you can post them here or send them directly to Ken and Ellen (or both).  Ken can be reached at:  ksimons@bu.edu and Ellen at Ellen.Pryor@untsystem.edu.  The entire draft, comments and all, is here.

§ 103. Assault

An actor is subject to liability to another for assault if:

(a) the actor intends to cause the other to apprehend that a harmful or

offensive contact with his or her person is imminent;

(b) the actor’s conduct causes the other to apprehend that a harmful or

offensive contact with his or her person is imminent; and

(c) the actor does not actually consent to the apprehension [or to the conduct

causing the apprehension].

–CJR