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PROPOSED FINAL DRAFT 5, QUESTIONS SUGGESTED FOR DISC. [i] (May 11-13, 1939)

handle is hein.ali/relwtrts0265 and id is 1 raw text is: The American Law Institute
RESTATEMENT OF TORTS
Group No. 2
Proposed Final Draft No. 5
Questions Suggested for Discussion at Seventeenth Annual
Meeting, May 11-13, 1939.
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. § 5. In Tentative Draft 14, this Section read:
An intentional invasion of another's interest in the use
and enjoyment of land is unreasonable when the grav-
ity of the harm it involves outweighs the utility of the
actor's conduct. Is the change desirable?
2. § 12. Should this statement be made in view of
the state of the authorities?
See Explanatory Note to the Section.
3. § 13. Should this rule be stated as crystallized?
4. § 16. Should the rule stated in this Section be
extended to cover the situation stated in the Caveat ?
(Same question in re § 17.)
5. § 19. In Subsection (1, b) should request to
abate be required in view of the conflict in autliori-
ties?
6. § 46. Is the rule stated in this Section properly
qualified?
See Explanatory Note to the Section.

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