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PROPOSED FINAL DRAFT 1, QUESTIONS SUGGESTED FOR DISC. [i] (May 10-12, 1934)

handle is hein.ali/relwtrts0259 and id is 1 raw text is: The American Law Institute TORTS PROPOSED FINAL DRAFT No. 1 Questions Suggested for Discussion at Twelfth Annual Meeting May 10-12, 1934 Discussion is not confined to the questions presented here. You are earnestly requested to raise any further points which occur to you. 1. §450. Should this Section 1)e chaiged so as to make the rule, stated ini it applicable to public utilities other than common carriers and to possessors of land who for their business purposes hold it open as a place of public resort, see First Caveatt Second Caveat: Should this Caveat be retained? The effect of striking it out would )e to deny by implication the existence of liability under the circumstances stated in this Caveat. 2. § 148. Should Subsection (2) 1)e stricken out and Subsection (1) changed by eliminating the words, solely as the delegate of its parent, oi line 2 thereof? The effect of this would be to state that a public school teacher would not be privileged to inflict the punishments which are sanctioned by the rules of the school authorities of the city or State if tle parent of the child had forbidden such pun- ishment to the inflicted. Chapters 8 and 9. 3. § 159. Under the rule stated in this Section there is no liability for a harmless trespass to a chattel. Upon this question there is a singular dearth of authority. See Ex- planatory Notes on this Section. Is it desirable to make actual harm a prerequisite to recovery in the case of a tres- pass to a chattel. There is no such prerequisite in the case of a trespass to land. 4. § 162. In Comment b, it is stated that the mere re- moval of a chattel from one place to another with no inten- tion of exercising further control over it or of depriving

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