MODEL PENAL CODE ANNOTATED

 
 
RESTATEMENT OF THE LAW, SECOND, TORTS

Copyright 1965, American Law Institute

RULES AND PRINCIPLES
Division One - Intentional Harms to Persons, Land, and Chattels
Chapter 3 - Privilege Arising from Consent to Intended Invasions of Interests of Personality


§ 56 FRAUD OR MISTAKE AS TO VALIDITY OF PURPORTED LEGAL AUTHORITY

 The rule stated in § 892 B(3) as to consent induced by fraud or mistake as to the validity of a purported legal authority applies to intentional invasions of interests of personality.
 
 

COMMENTS & ILLUSTRATIONS:  Comment:

a.  See § 892 B, Comment f.

Illustration:

1. A exhibits to B a paper purporting to be a warrant for B's arrest, but which is, in fact, invalid, and says: "You are under arrest." B, mistakenly believing it to be a valid warrant, submits to arrest and permits A to handcuff him. B's submission to arrest is not a sufficient assent to protect A from liability for the false arrest. It is also immaterial that the mistake as to the validity of the purported legal authority is or is not such a one as would be made by a reasonable man.
 
 

REPORTERS NOTES:  This Section has been changed from the first Restatement, to provide a mere cross-reference to the fuller § 892 B, with an illustration.

See, holding the consent ineffective: Whitman v. Atchison, T. & S. F. R. Co., 85 Kan 150, 116 P. 234, 34 L.R.A. N.S. 1029, Ann. Cas. 1912D 722 (1911); Hebrew v. Pulis, 73 N.J.L. 621, 64 A. 121, 7 L.R.A. N.S. 580, 118 Am. St. Rep. 716 (1906); Johnson v. Norfolk & W. R. Co., 82 W. Va. 692, 97 S.E. 189, 6 A.L.R. 1469 (1918).