Restatement of the Law Third,

Torts: Miscellaneous Provisions

This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement addresses topics not covered in another part of the Restatement Third of Torts that either require updating since publication of the Restatement Second or were not previously addressed but should be covered in a modern torts Restatement. These topics will include medical liability, vicarious liability, wrongful death and survival actions, among others. 
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With Council Draft No. 4, the name of the project will change from Torts: Concluding Provisions to Torts: Miscellaneous Provisions.

At its meeting on October 20 and 21, 2022, the Council approved § 18 A on Negligent Misrepresentation Causing Physical Harm and Sections on the Firefighter’s Rule and Medical Monitoring in Council Draft No. 3. In addition, the Council approved §§ 5 and 6 of the Chapter on Liability of Medical Professionals and Institutions, and discussed but did not vote on § 4 of that Chapter. The Reporters will revise § 4 for consideration at the Council’s January meeting.

Due to time constraints, the Council did not complete its discussion of the remainder of Council Draft No. 3.

At the 2022 Annual Meeting, the membership voted to approve Tentative Draft No. 1, which includes material on Apportionment of Liability for Economic Harm; Wrongful Acts Doctrine; Liability of Medical Professionals and Institutions; Interference with Family Relationships; Immunities; Parental Standard of Care; and Consortium. A motion to amend §§ 4 A and 4 B failed.

At its meeting on March 2, 2022, the Council discussed but did not vote on a revised draft of the Section on Medical Monitoring. The Reporters will revise the material for consideration at a future Council meeting.

The Council approved the initiation of this project in January 2019.

All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.

Publicly Available Products from This Project