Torts: Remedies
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm. This Restatement covers several distinct types of issues. The first is identifying the types of damages that are recoverable, including past and future lost wages, medical expenses, disfigurement, pain and suffering, lost profits, and damage to property. The second type involves issues related to measuring damages, for example, discounting future earnings to present value, the effect of taxes, and the collateral-source rule. The third type is injunctions against threatened or continuing torts or to reverse the effects of completed torts. And the fourth type is other forms of monetary relief, such as nominal and punitive damages and restitution of unjust enrichment.
Tentative Draft No. 4 (Electronic PDF)
Tentative Draft No. 4 contains material from Topic 1, Injunctions, of Chapter 3 on Injunctions and Other Forms of Specific Relief, as well as two new Comments to previously approved sections—Comment h to § 43 (Availability of Injunctions) and Comment c to § 44 (Scope of Injunctions). The membership voted to approve this draft at the 2025 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 3 (Electronic PDF)
Tentative Draft No. 3 contains material from Chapter 1, Topic 1, General Rules for Measuring Compensatory Damages; Chapter 1, Topic 2, Injury to the Person; Chapter 2, Other Monetary Remedies; Chapter 3, Topic 1, Injunctions; and Chapter 3, Topic 2, Other Specific Remedies. The membership voted to approve this draft at the 2024 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 2 (Electronic PDF)
Tentative Draft No. 2 contains a portion of 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, Permanent Injunctions. At the 2023 Annual Meeting, the membership voted to approve Tentative Draft No. 2 in its entirety, subject to the discussion at the Meeting and editorial prerogative, with the exception of Sections 11, 26, and 27, which were discussed but not presented for voting. The approved material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 1 (Electronic PDF)
Tentative Draft No. 1 contains § 1, The Right to a Remedy, and Sections from Topic 1, General Rules for Measuring Compensatory Damages, of Chapter 1 on Compensatory Damages.. The membership voted to approve §§ 1-4 and 6-8 of the draft at the 2022 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. The approved material may be cited as representing the Institute’s position until the official text is published.