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TENTATIVE DRAFT 5, QUESTIONS SUGGESTED FOR DISC. [i] (May 8-10, 1930)

handle is hein.ali/relwtrts0231 and id is 1 raw text is: The American Law Institute
TORTS TENTATIVE DRAFT No. 5
Questions Suggested for Discussion at
Eighth Annual Meeting          /
May 8-10, 1930             /)
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which ocour to you.
1. (a) Should the Section 251 be changed to re-
strict the liability of a trespasser upon land for harm
caused by his otherwise innocent conduct to make him
liable only to the possessor of the land and members
of his household?
(b) Should the liability be extended to include
bodily harm suffered by any person lawfully upon the
land? See commentary to Section 251.
2. Should an independent contractor, employed by
the possessor of land to do work thereon, be entitled
to the same immunities from liability for bodily harm
caused to gratuitous licensees or trespassers as are
enjoyed by the possessor of the land? Section 253.
3. Should the one having a license from the pos-
sessor of the land to do work thereon, which involves
a change in the physical condition of the land, be en-
titled to share the immunity the possessor has in re-
spect to bodily harm caused to expectable trespassers
by a condition which is dangerous to them if they tres-
pass? Section 254.
4. Is there any distinction between an independent
contractor who erects or alters a building upon land

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