About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most