Torts: Liability for Physical and Emotional Harm Image
Restatement of the Law Third,

Torts: Liability for Physical and Emotional Harm

This work addresses the basic elements of the tort action for liability for accidental personal injury and property damage as well as liability for emotional harm. The work supersedes comparable provisions in the Restatement Second, Torts.

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  • Official Text Vol. 1 Image
    Official Text Vol. 1
    686 pages, 2009, #1R3LPEHOT1

    Volume 1 covers liability for intentional physical harm and for negligence causing physical harm, duty, strict liability, factual cause, and scope of liability (traditionally called proximate cause).

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  • Official Text Vol. 2 Image
    Official Text Vol. 2
    538 pages, 2012, #1R3LPEHOT2

    Volume 2 covers affirmative duties, emotional harm, landowner liability, and liability of actors who retain independent contractors.

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    • Torts LPEH Appx Vol #1 2005-2015

      Torts LPEH Appx Vol #1 2005-2015

      $198.00 993 pages 2016 #16AXTLPEH01
 
 
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  • Current Offerings:
    • Cumulative Annual Pocket Part 2016

      Reporting cases through June 2015 that cite §§ 1-36 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, Vol. 1. 

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements. 

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately. 

      FGM - 41890669

      $49.00 78 pages 2016 #16PPTLPEH1
      Cumulative Annual Pocket Part 2016

      Reporting cases through June 2015 that cite §§ 37-65 of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, Vol. 2. 

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements. 

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately. 

      FGM - 41890670

      $49.00 30 pages 2016 #16PPTLPEH2
 
 
  •  
    Tentative Draft No. 7
    Tentative Draft No. 7
    120 pages, 2011, #1R3LPEHTD7

    Softbound  | 1R3LPEHTD7  | 2011  | 120 pages  | $25.00

    Summary of Contents

    CHAPTER 10 
    LIABILITY OF THOSE WHO HIRE INDEPENDENT CONTRACTORS 
    Scope Note to Chapter 10  
    55. Liability in Negligence of Those Who Hire Independent Contractors  
    56. Duty Limitation as to Work Entrusted to an Independent Contractor  
    57. Vicarious Liability of Those Who Hire Independent Contractors: In General  
    58. Work Involving Abnormally Dangerous Activities  
    59. Activity Posing a Peculiar Risk  
    60. Work on Instrumentalities Used in Highly Dangerous Activities  
    61. Activities Constituting a Trespass, Nuisance, or Withdrawal of Support  
    62. Possessors and Lessors of Land  
    63. Precautions Required by Statute or Regulation  
    64. Activities under Public Franchise or in a Public Place  
    65. Work Accepted As the Hirer’s Performance of the Work  
    Appendix. Black Letter of Tentative Draft No. 7  

    This draft covers Chapter 10. Liability of Those Who Hire Independent Contractors which will replace Chapter 15 of the Prosser/Wade Restatement Second of Torts. This draft was approved by the membership at the 2011 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.  With the approval of this draft, the Institute has completed its work on Restatement Third, Torts: Liability for Physical and Emotional Harm.

    120 pages, 2011, #1R3LPEHTD7E

    Softbound  | 1R3LPEHTD7  | 2011  | 120 pages  | $25.00

    Summary of Contents

    CHAPTER 10 
    LIABILITY OF THOSE WHO HIRE INDEPENDENT CONTRACTORS 
    Scope Note to Chapter 10  
    55. Liability in Negligence of Those Who Hire Independent Contractors  
    56. Duty Limitation as to Work Entrusted to an Independent Contractor  
    57. Vicarious Liability of Those Who Hire Independent Contractors: In General  
    58. Work Involving Abnormally Dangerous Activities  
    59. Activity Posing a Peculiar Risk  
    60. Work on Instrumentalities Used in Highly Dangerous Activities  
    61. Activities Constituting a Trespass, Nuisance, or Withdrawal of Support  
    62. Possessors and Lessors of Land  
    63. Precautions Required by Statute or Regulation  
    64. Activities under Public Franchise or in a Public Place  
    65. Work Accepted As the Hirer’s Performance of the Work  
    Appendix. Black Letter of Tentative Draft No. 7  

    This draft covers Chapter 10. Liability of Those Who Hire Independent Contractors which will replace Chapter 15 of the Prosser/Wade Restatement Second of Torts. This draft was approved by the membership at the 2011 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.  With the approval of this draft, the Institute has completed its work on Restatement Third, Torts: Liability for Physical and Emotional Harm.

     
  •  
    Tentative Draft No. 6
    Tentative Draft No. 6
    181 pages, 2009, #1R3LPEHTD6

    Softbound  | 1R3LPEHTD6  | 2009  | 181 pages  | $30.00

    Summary of Contents 

    REPORTERS’ MEMORANDUM 

    CHAPTER 9 
    DUTY OF LAND POSSESSORS 

    § 49. Possessor of Land Defined 
    § 50. Trespasser Defined 
    § 51. General Duty of Land Possessors 
    § 52. Duty of Land Possessors to Flagrant Trespassers 
    § 53.Duty of Lessors 
    § 54. Duty of Land Possessors to Those Not on the Possessor’s Land 

    This draft covers Chapter 9. Duty of Land Possessors. This draft was approved by the membership at the 2009 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    181 pages, 2009, #1R3LPEHTD6E

    Softbound  | 1R3LPEHTD6  | 2009  | 181 pages  | $30.00

    Summary of Contents 

    REPORTERS’ MEMORANDUM 

    CHAPTER 9 
    DUTY OF LAND POSSESSORS 

    § 49. Possessor of Land Defined 
    § 50. Trespasser Defined 
    § 51. General Duty of Land Possessors 
    § 52. Duty of Land Possessors to Flagrant Trespassers 
    § 53.Duty of Lessors 
    § 54. Duty of Land Possessors to Those Not on the Possessor’s Land 

    This draft covers Chapter 9. Duty of Land Possessors. This draft was approved by the membership at the 2009 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 5
    Tentative Draft No. 5
    2007, #1R3LPEHTD5

    Softbound  | 1R3LPEHTD5  | 2007  | $25.00

    Summary of Contents 

    Reporters’ Memorandum 

    CHAPTER 8 LIABILITY FOR EMOTIONAL DISTURBANCE 
    § 45. Intentional (or Reckless) Infliction of Emotional Disturbance 
    § 46. Negligent Conduct Directly Inflicting Emotional Disturbance on Another 
    § 47. Negligent Infliction of Emotional Disturbance Resulting from Bodily Harm to a Third Person 

    CHAPTER 2 LIABILITY FOR PHYSICAL HARM 
    § 4. Physical Harm 

    CHAPTER 5 FACTUAL CAUSE 
    § 28. Burden of Proof 

    CHAPTER 7 AFFIRMATIVE DUTIES 
    § 40. Duty Based on Special Relationship with Another 

    This draft contains sections from Chapters 2. Liability for Physical Harm, 5. Factual Cause, 7. Affirmative Duties, and 8. Liability for Emotional Disturbance. This draft was approved by the membership at the 2007 Annual Meeting, subject to the discussion at that meeting and to editorial prerogative.

    2007, #1R3LPEHTD5E

    Softbound  | 1R3LPEHTD5  | 2007  | $25.00

    Summary of Contents 

    Reporters’ Memorandum 

    CHAPTER 8 LIABILITY FOR EMOTIONAL DISTURBANCE 
    § 45. Intentional (or Reckless) Infliction of Emotional Disturbance 
    § 46. Negligent Conduct Directly Inflicting Emotional Disturbance on Another 
    § 47. Negligent Infliction of Emotional Disturbance Resulting from Bodily Harm to a Third Person 

    CHAPTER 2 LIABILITY FOR PHYSICAL HARM 
    § 4. Physical Harm 

    CHAPTER 5 FACTUAL CAUSE 
    § 28. Burden of Proof 

    CHAPTER 7 AFFIRMATIVE DUTIES 
    § 40. Duty Based on Special Relationship with Another 

    This draft contains sections from Chapters 2. Liability for Physical Harm, 5. Factual Cause, 7. Affirmative Duties, and 8. Liability for Emotional Disturbance. This draft was approved by the membership at the 2007 Annual Meeting, subject to the discussion at that meeting and to editorial prerogative.

     
  •  
    Proposed Final Draft No. 1
    Proposed Final Draft No. 1
    852 pages, 205, #1R3LPHPFD1

    Softbound  | 1R3LPHPFD1  | 2005  | 852 pages  | $65.00

    Summary of Contents 

    Reporters’ Memorandum 

    Chapter 
    1. Intent, Recklessness, and Negligence: Definitions 
    2. Liability for Physical Harm 
    3: The Negligence Doctrine and Negligence Liability 
    4. Strict Liability 
    5. Factual Cause 
    6. Scope of Liability (Proximate Cause) 
    7. Affirmative Duties. 

    This draft covers Chapters 1 through 6 which now comprise Volume 1, and Chapter 7 which will be included in Volume 2. This draft was approved by the membership at the 2005 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    852 pages, 2005, #1R3LPHPFD1E

    Softbound  | 1R3LPHPFD1  | 2005  | 852 pages  | $65.00

    Summary of Contents 

    Reporters’ Memorandum 

    Chapter 
    1. Intent, Recklessness, and Negligence: Definitions 
    2. Liability for Physical Harm 
    3: The Negligence Doctrine and Negligence Liability 
    4. Strict Liability 
    5. Factual Cause 
    6. Scope of Liability (Proximate Cause) 
    7. Affirmative Duties. 

    This draft covers Chapters 1 through 6 which now comprise Volume 1, and Chapter 7 which will be included in Volume 2. This draft was approved by the membership at the 2005 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 4
    Tentative Draft No. 4
    170 pages, 2004, #1R3LPHTD4

     

    Softbound  | 1R3LPHTD4  | 2004  | 170 pages  | $30.00

    Summary of Contents 

    Reporters’ Memorandum 

    Chapter 7. Affirmative Duties. 

    This draft which covers Chapter 7, Affirmative Duties, was tentatively approved by the membership at the 2004 Annual Meeting. Revisions to this material were submitted to and approved by the membership at the 2005 Annual Meeting.

    170 pages, 2004, #1R3LPHTD4E

     

    Softbound  | 1R3LPHTD4  | 2004  | 170 pages  | $30.00

    Summary of Contents 

    Reporters’ Memorandum 

    Chapter 7. Affirmative Duties. 

    This draft which covers Chapter 7, Affirmative Duties, was tentatively approved by the membership at the 2004 Annual Meeting. Revisions to this material were submitted to and approved by the membership at the 2005 Annual Meeting.

     
  •  
    Tentative Draft No. 3
    195 pages, 2003, #1R3LPHTD3

    Softbound  | 1R3LPHTD3  | 2003  | 195 pages  | $30.00

    Summary of Contents

    Chapter 6. Scope of Liability (Proximate Cause)

    Chapter 5. Factual Cause (revisions to § 28, Comment c)

    This draft covers Chapter 6. Scope of Liability and revisions to § 28 of Chapter 5. Factual Cause. This draft was approved by the membership at the 2003 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. 

     
  •  
    Tentative Draft No. 2
    333 pages, 2002, #1R3LPHTD2

    Softbound  | 1R3LPHTD2  | 2002  | 333 pages  | $35.00

    Summary of Contents 

    Chapter 2. Liability for Physical Harm (revisions to § 6) 
    Chapter 3. The Negligence Doctrine and Negligence Liability (revisions to § 7) Chapter 5. Factual Cause 
    Chapter 6. Scope of Liability (Proximate Cause) [for discussion only] 

    This draft which covers a portion of Chapter 2. Liability for Physical Harm, a portion of Chapter 3. The Negligence Doctrine and Negligence Liability, and all of Chapter 5. Factual Cause, was tentatively approved by the membership at the 2002 Annual Meeting. Revisions to this material were submitted to and approved at the subsequent Annual Meetings. Chapter 6. Scope of Liability (Proximate Cause) was included for discussion only.

     
  •  
    Tentative Draft No. 1
    474 pages, 2001, #1R3LPHTD1

    Softbound  | 1R3LPHTD1  | 2001  | 474 pages  | $45.00

    Summary of Contents 

    Chapter 1. Intent, Recklessness, and Negligence: Definitions 
    Chapter 2. Liability for Physical Harm 
    Chapter 3. The Negligence Doctrine and Negligence Liability 
    Chapter 4. Strict Liability 

    This draft which covers Chapter 1, Intent, Recklessness, and Negligence: Definitions, Chapter 2. Liability for Physical Harm, Chapter 3. The Negligence Doctrine and Negligence Liability, and Chapter 4. Strict Liability, was tentatively approved by the membership at the 2001 Annual Meeting. Revisions to this material were submitted to and approved at the subsequent Annual Meetings.

     
  •  
    Discussion Draft
    250 pages, 1999, #6138

    Softbound  | 6138  | 1999  | 250 pages  | $30.00

    Chapter 1. Intent and Recklessness: Definitions; Chapter 2. Negligence and Negligence Liability