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Current Projects
Restatement Third, Torts: Liability for Physical and Emotional Harm
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Purpose:
This project addresses the basic elements of the tort action for liability for accidental personal injury and property damage. The focus of the project was expanded several years ago to include liability for emotional harm. This work supersedes comparable provisions in the Restatement Second, Torts.
Status:
The Council approved the start of the project in 1996. The substance of Proposed Final Draft No. 1, with the exception of Comment d to § 27 and Comment a to § 28, has been finally approved by both the Institute’s Council and its membership. The final approval motion at the 2005 Annual Meeting included the following: “In the absence of some extraordinary supervening circumstance, the rest of [Proposed Final Draft No. 1] will not come back for action by the house.”
The Proposed Final Draft has not yet been published in final form only because the project has been expanded to include chapters on emotional harm and landowner liability. A Tentative Draft containing material on liability for emotional disturbance was approved at the 2007 Annual Meeting. A Tentative Draft of material on the duties of land possessors was approved at the 2009 Annual Meeting, subject to the discussion at the meeting and to editorial prerogative.
The final work will be published in two volumes; the first volume is now available for purchase.
Drafts:
Project participants can access electronic drafts using the link at the top of this page. Products available for purchase can be viewed using the link below.
View the available products related to this project
Upcoming meetings
No upcoming meetings are scheduled for this project.