Torts: Remedies

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Status Details

At its January 2024 meeting, the Council approved the following sections of Council Draft No. 3: §§ 38-42 of Chapter 2 on Other Monetary Remedies; and §§ 50-53 of Topic 1, Injunctions, and §§ 58 and 60-63 of Topic 2, Other Specific Remedies, of Chapter 3 on Injunctions and Other Forms of Specific Relief. No vote was taken on § 59, which will be presented for Council approval after the section on replevin in the Restatement of the Law Fourth, Property, is drafted.

At the 2023 Annual Meeting, the membership voted to approve portions of Tentative Draft No. 2, which contains sections from Chapter 1, Topic 1, General Rules for Measuring Compensatory Damages; all of Chapter 1, Topic 2, Injury to the Person; and a portion of Chapter 3, Topic 1, Injunctions. Sections 11, 26, and 27 were discussed but not presented for voting.

At the 2022 Annual Meeting, the following actions were taken on Tentative Draft No. 1:

• A motion to amend § 8 failed.
• A second motion to amend § 8 was withdrawn.

The membership voted to approve §§ 1-4, 6-8 of Tentative Draft No. 1. After discussion with the membership, Reporters agreed to present a revised § 5 at a future Meeting. Accordingly, there was no vote on § 5. The remaining sections of TD No. 1 that were not discussed due to time constraints will be presented at a future Annual Meeting.

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

For more detailed information on this project please visit the Torts: Remedies page on The ALI Adviser.