Restatement of the Law, Third,
Torts: Miscellaneous Provisions
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 Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.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 addresses topics not covered in another part of the Restatement Third of Torts that either require updating since publication of the Restatement Second or were not previously addressed but should be covered in a modern torts Restatement. These topics will include medical liability, vicarious liability, wrongful death and survival actions, among others.
- Tentative Draft No. 3668 pages, 2024, #1R3TCPTD3
Tentative Draft No. 3 includes material on Medical Monitoring, Statutes of Limitations and Statutes of Repose, Negligent Misrepresentation Causing Physical Harm, Wrongful-Death and Survival Actions, Interference with Family Relationships, Aiding and Abetting Negligence Torts, Agreements to Engage in Conduct that is Negligent or Reckless, Firefighter’s Rule, Bad-Faith Performance of First-Party Insurance Contract, Spoliation, Equitable Estoppel as a Defense to Tort Liability, Tort Liability Based on Estoppel, Prenatal Injury, Wrongful Pregnancy, Birth, and Life, Liability for the Provision of Alcohol, and Negligence Liability of Product Suppliers. The membership voted to approve this draft at the 2024 Annual Meeting subject to the amendments approved at the Meeting, 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. 2414 pages, 2023, #1R3TCPTD2
Tentative Draft No. 2 includes material on Right of Sepulcher, Medical Monitoring, Vicarious Liability, Firefighter’s Rule, First-Party Bad-Faith Insurance Claims, Wrongful-Death and Survival Actions, Negligent Misrepresentation, Marital and Family Torts, and Aiding and Abetting Liability. At the 2023 Annual Meeting, the membership voted to approve Sections 48D, 48E, and 48F (Sepulcher) of the draft. This material may be cited as representing the Institute’s position until the official text is published.
The membership discussed and voted on several motions on the section on Medical Monitoring. Because of time constraints, discussion of the section was not completed and no vote was taken to approve the section. Time expired before the remainder of this draft was discussed.
- Tentative Draft No. 1354 pages, 2022, #1R3TCPTD1
Tentative Draft No. 1 includes material on Apportionment of Liability for Economic Harm; Wrongful Acts Doctrine; Liability of Medical Professionals and Institutions; Interference with Family Relationships; Immunities; Parental Standard of Care; and Consortium. The membership voted to approve this draft at the 2022 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.
