Torts: Concluding Provisions

Status Details

At its meeting on October 21 and 22, 2021, the Council approved § 4A, Wrongful Acts Doctrine, and § 4B, Criminal Conduct and Other Statutory Wrongs as Plaintiff Negligence Per Se, of Topic 1, Basic Rules of Comparative Responsibility, of the Apportionment of Liability portion of Council Draft No. 1. The remainder of the draft was approved at previous Council meetings, with the exception of material on medical monitoring, which was revised and included in Preliminary Draft No. 2 for discussion by the project’s Advisers and Members Consultative Group this fall.

At its meeting on February 25, 2021, the Council approved a revised draft of Illustrations 5-8 in § 2 of Chapter 11 (Liability of Medical Professionals and Institutions). The revisions are included in the Reporters’ Memorandum dated February 5, 2021.

In addition, the Council approved the following material from Council Draft No. 1: § 48 A (Loss of Spousal Consortium); § 48 B (Loss of Child Consortium); § 48 C (Loss of Parental Consortium); § 48 D (Alienation of Affections Abolished); and § 48 E (Criminal Conversation Abolished).

At its meetings on October 13 and October 22-23, 2020, the Council approved §§ 1-3 of Chapter 11, Liability of Medical Professionals and Institutions, in Council Draft No. 1, excluding Illustrations 5-8 in § 2. The Reporters may revise the excluded Illustrations in a future draft. There was insufficient time to discuss the remainder of the Council Draft.

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.