Members Defeat Amendment to Section 103 of Torts Restatement by Two Votes

After an extensive discussion, the membership has narrowly defeated the proposed Amendment to Section 103 of the Torts Restatement. The amendment would have deleted most of Section 103, which construes a contact as offensive not only when it offends a reasonable sense of personal dignity, but also when it is highly offensive to the other’s unusually sensitive sense of personal dignity, the actor knows the contact will be highly offensive, and imposing liability is neither contrary to public policy nor would avoiding the contact be unduly burdensome.

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