†Formerly called Restatement of the Law Third, Torts: General Principles and Restatement of the Law Third, Torts: Liability for Physical Harm (Basic Principles)

The purpose of this Restatement project is to work through the "general" or "basic" elements of the tort action for liability for accidental personal injury and property damage. (The problem of accidental injury is what many see as the core problem facing modern tort law.) Given the project’s "general" interests, the project does not fully cover such special topics as professional liability and landowner liability; and given its focus on the core of tort law, it does not itself consider liability for emotional distress or economic loss. (However, the definitions of intent, recklessness, and negligence as set forth are capable of applying in cases involving all types of harms.) Subsequent parts of the project are expected to address affirmative duty doctrines; doctrines of actual and proximate causation; and the common-law rules of strict liability, excluding products liability. This Restatement eventually will supersede comparable provisions in the Restatement Second of Torts.

Reporters: Gary T. Schwartz, University of California at Los Angeles School of Law, Los Angeles, California; Michael D. Green, Wake Forest University School of Law, Winston-Salem, North Carolina [from 2000].

Advisers: Kenneth S. Abraham, University of Virginia School of Law, Charlottesville, Virginia; Bert Black, Dallas, Texas [from 2000]; Hildy Bowbeer, St. Paul, Minnesota; Keith L. Davidson, Chicago, Illinois; Joel D. Eaton, Miami, Florida; Norman L. Epstein, Justice, California Court of Appeal, Los Angeles, California; George Clemon Freeman, Jr., Richmond, Virginia; Robert L. Habush, Milwaukee, Wisconsin; Hans A. Linde, Salem, Oregon; Senior Judge, Oregon Supreme Court; David G. Owen, University of South Carolina School of Law, Columbia, South Carolina; Harvey S. Perlman, University of Nebraska College of Law, Lincoln, Nebraska; William C. Powers, Jr., The University of Texas School of Law, Austin, Texas [from 2000]; Ellen S. Pryor, Southern Methodist University School of Law, Dallas, Texas [from 2000]; Robert L. Rabin, Stanford Law School, Stanford, California; Peter H. Schuck, Yale Law School, New Haven, Connecticut; Victor E. Schwartz, Washington, District of Columbia; Myra C. Selby, Indianapolis, Indiana, formerly Justice, Indiana Supreme Court; Jane Stapleton, Australian National University, Canberra, Australia [from 2000]; Larry S. Stewart, Miami, Florida; Aaron D. Twerski, Brooklyn Law School, Brooklyn, New York; Malcolm E. Wheeler, Denver, Colorado; Stephen F. Williams, Judge, United States Court of Appeals for the District of Columbia Circuit, Washington, District of Columbia.

*Discussion Draft: Chapter 1. Intent and Recklessness: Definitions; Chapter 2. Negligence and Negligence Liability xxi, 250 pp., 1999, Order Code 6138, $30 -- Order this item

*Proposed Final Draft No. 1: Chapter 1. Intent, Recklessness, and Negligence: Definitions; Chapter 2. Liability for Physical Harm; Chapter 3: The Negligence Doctrine and Negligence Liability; Chapter 4. Strict Liability; Chapter 5. Factual Cause; Chapter 6. Scope of Liability (Proximate Cause); Chapter 7. Affirmative Duties xlii, 852 pp., 2005, Order Code 1R3LPHPFD1, $65 Please note: This draft supersedes all prior drafts. -- Order this item

 *Official text not yet published.

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