Copyright 1965, American Law Institute
§ 57 FRAUD OR MISTAKE AS TO COLLATERAL MATTER
The rule stated in § 892 B(2) as to consent induced by fraud
or mistake as to a collateral matter not affecting the essential character
of the conduct applies to intentional invasions of interests of personality.
COMMENTS & ILLUSTRATIONS: Comment:
a. See § 892 B, Comments a to f.
1. A, to induce B to submit to intimate familiarities, offers her a paper which A represents to be a twenty dollar bill but which he knows to be counterfeit. B, believing the paper to be a genuine bill, submits. A is not liable to B for battery.
2. The same facts as in Illustration 1, except that the paper is offered if B will submit to a blood transfusion. A is subject to liability to B for the harm done by the operation to which A has fraudulently induced him to submit.
3. A, a surgeon, induces B to submit to a treatment of his eyes by falsely
representing that the treatment will cure his vision. A's sole purpose
is to obtain a fee. If the treatment involves nothing more than harmless
touching of B's eyes, A is not liable to B. If it involves any pain or
physical harm, A's fraud makes him subject to liability to B even though
the treatment is otherwise properly given.
REPORTERS NOTES: This Section has been changed from the first Restatement, to provide a mere cross-reference to the fuller § 892 B, with illustrations.
Compare, as supporting the Section, Oberlin v. Upson, 84 Ohio St. 111, 85 N.E. 511, Ann. Cas. 1912B 1061 (1911), seduction under promise of marriage; Martin v. Carbide & Carbon Chemicals Corp., 184 Tenn. 166, 197 S.W.2d 798 (1946), treatment by unlicensed physician.