From: Wright, Richard <Rwright@kentlaw.edu>
To: Tsachi Keren-Paz <t.kerenpaz@law.keele.ac.uk>
obligations@uwo.ca
Date: 16/06/2009 22:01:56 UTC
Subject: RE: reasonable mistake and the reasonable person
Not quite the answer to the question you pose, but an answer that moots your question.
 
I am traveling so I don't have access to my copy of the Restatement Second, but I believe that it states the general position in US law that the mistaken trespasser is liable despite the reasonableness or good faith of the mistake, unless the mistake was intentionally or negligently induced by the plaintiff.

From: Tsachi Keren-Paz [mailto:t.kerenpaz@law.keele.ac.uk]
Sent: Sun 6/14/2009 5:05 PM
To: obligations@uwo.ca
Subject: reasonable mistake and the reasonable person

Dear colleagues,

 

Can anyone refer me to discussion (in either case law or literature) of the question whether reasonableness in the context of a reasonable mistake (for example mistake about the claimant’s consent to touching in battery) is to be judged by the same or different considerations as reasonableness in the context of standard of care in negligence?

 

Any thoughts of whether the tests should be the same/similar/different?

 

Best wishes

 

Tsachi  

 

Dr. Tsachi Keren-Paz
School of Law
Keele University
Staffordshire ST5 5BG
England
Office: CBC 2.015
Phone: 01782 734358
Email: t.kerenpaz@law.keele.ac.uk
http://www.keele.ac.uk/depts/la/staff/tkerenpaz.htm
 Book "Torts, Egalitarianism and Distributive Justice" https://www.ashgate.com/shopping/title.asp?key1=&key2=&orig=results&isbn=0%207546%204653%20X