Restatement of the Law Third,

Torts: Liability for Economic Harm

This is part of the Restatement Third, Torts, series that, when complete, will supersede Restatement Second, Torts.

Part of ALI’s ongoing revision of the Restatement Second of Torts, this volume updates coverage of economic torts in the Restatement Second and addresses some topics not covered in prior Restatements. This volume deals with four principal areas of tort law: unintentional infliction of economic loss, liability for fraud, interference with economic interests, and misuse of legal procedure.

300 pages, 2020, #1R3LEHOT

Summary of Contents

Foreword

Chapter 1. Unintentional Infliction of Economic Loss

§ 1. Liability for the Unintentional Infliction of Economic Loss: General Principles
§ 2. Economic Loss Defined
§ 3. Preclusion of Tort Liability Arising from Contract (Economic-Loss Rule)
§ 4. Professional Negligence Resulting in Economic Loss
§ 5. Negligent Misrepresentation
§ 6. Negligent Performance of Services
§ 7. Economic Loss from Injury to a Third Person or to Property Not Belonging to the Claimant
§ 8. Public Nuisance Resulting in Economic Loss

Chapter 2. Liability in Tort for Fraud; Breach of Fiduciary Duty

§ 9. Fraud
§ 10. Scienter
§ 11. Factual Causation; Justifiable Reliance
§ 12. Scope of Liability
§ 13. Duties to Disclose; Tacit Misrepresentation
§ 14. Liability for Misrepresentations of Opinion
§ 15. Promissory Fraud
§ 16. Breach of Fiduciary Duty

Chapter 3. Interference with Economic Interests

§ 17. Interference with Contract
§ 18. Interference with Economic Expectation
§ 19. Interference with Inheritance or Gift
§ 20. Interference with Contract: Privileges

Chapter 4. Misuse of Legal Procedure

§ 21. Malicious Prosecution
§ 22. Probable Cause to Initiate Criminal Proceedings
§ 23. Favorable Termination of Criminal Proceedings
§ 24. Wrongful Use of Civil Proceedings
§ 25. Probable Cause to Initiate Civil Proceedings
§ 26. Abuse of Process

Chapter 5. Secondary Liability

§ 27. Civil Conspiracy
§ 28. Aiding and Abetting

Parallel Tables

Restatement Second, Torts, to Restatement Third, Torts: Liability for Economic Harm
Table of Statutes
Table of Cases

Index

ISBN – 978-1-539-28714-8

In the Restatement tradition, this volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.

Reporter:
Ward Farnsworth, University of Texas at Austin School of Law, Austin, TX

Torts: Liability for Economic Harm

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