Copyright 1965, American Law Institute
§ 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.
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).