This work focuses on torts that involve economic loss, or pecuniary harm not resulting from physical harm or physical contact to a person or property. The project will update coverage of economic torts in Restatement Second, Torts and also address some topics not covered in prior Restatements.
Reporter:
Ward Farnsworth, The University of Texas School of Law
Project Status at a Glance
Foreword
Reporter’s Memorandum
CHAPTER 3 INTERFERENCE WITH ECONOMIC INTERESTS
§ 16. Interference with Contract
§ 17. Interference with Economic Expectation
§ 18. Interference with Inheritance or Gift
§ 19. Interference with Contract: Privileges
§ 20. Breach of Fiduciary Duty
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
Appendix A. Black Letter of Tentative Draft No. 3
Appendix B. Other Relevant Black-Letter Text
Tentative Draft No 3 contains Chapter 3, Interference with Economic Interests (§§ 16-20); Chapter 4, Misuse of Legal Procedure (§§ 21-26); and Chapter 5, Secondary Liability (§§ 27-28). The draft was approved by the membership at the 2018 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.
Project Status at a Glance
Foreword
Reporter’s Memorandum
CHAPTER 3 INTERFERENCE WITH ECONOMIC INTERESTS
§ 16. Interference with Contract
§ 17. Interference with Economic Expectation
§ 18. Interference with Inheritance or Gift
§ 19. Interference with Contract: Privileges
§ 20. Breach of Fiduciary Duty
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
Appendix A. Black Letter of Tentative Draft No. 3
Appendix B. Other Relevant Black-Letter Text
Tentative Draft No 3 contains Chapter 3, Interference with Economic Interests (§§ 16-20); Chapter 4, Misuse of Legal Procedure (§§ 21-26); and Chapter 5, Secondary Liability (§§ 27-28). The draft was approved by the membership at the 2018 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.
Liability for Economic Harm Tentative Draft No. 2
Softbound | 1R3LEHTD2 | 2014 | 162 pages | $30.00
Project Status at a Glance
Foreword
Reporter’s Memorandum
CHAPTER 1 UNINTENTIONAL INFLICTION OF ECONOMIC LOSS
§ 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
§ 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
Appendix A. Black Letter of Tentative Draft No. 2
Appendix B. Other Relevant Text (§ 5)
Appendix C. Other Relevant Black-Letter Text (§§ 1-5)
This draft covers portions of Chapter 1 Unintentional Infliction of Economic Loss (§§ 6-8), and Chapter 2 Liability in Tort for Fraud (§§9-15).
This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Liability for Economic Harm Tentative Draft No. 2
Softbound | 1R3LEHTD2 | 2014 | 162 pages | $30.00
Project Status at a Glance
Foreword
Reporter’s Memorandum
CHAPTER 1 UNINTENTIONAL INFLICTION OF ECONOMIC LOSS
§ 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
§ 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
Appendix A. Black Letter of Tentative Draft No. 2
Appendix B. Other Relevant Text (§ 5)
Appendix C. Other Relevant Black-Letter Text (§§ 1-5)
This draft covers portions of Chapter 1 Unintentional Infliction of Economic Loss (§§ 6-8), and Chapter 2 Liability in Tort for Fraud (§§9-15)..
This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Torts: Liability for Economic Harm Tentative Draft No 1
Softbound | 1R3LEHTD1 | 2012 | 108 pages | $25.00
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
Appendix. Black Letter of Tentative Draft No. 1
This draft covers Chapter 1. Unintentional Infliction of Economic Loss. Sections 1 through 5 of Chapter 1 were approved by the membership at the 2012 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative; with regard to these sections, T.D. No. 1 may be cited as representing the Institute’s position until the official text is published.
Torts: Liability for Economic Harm Tentative Draft No 1
Softbound | 1R3LEHTD1 | 2012 | 108 pages | $25.00
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
Appendix. Black Letter of Tentative Draft No. 1
This draft covers Chapter 1. Unintentional Infliction of Economic Loss. Sections 1 through 5 of Chapter 1 were approved by the membership at the 2012 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative; with regard to these sections, T.D. No. 1 may be cited as representing the Institute’s position until the official text is published.