Restatement (Third) of Torts: Remedies
UVA Law Faculty Affiliations
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions, and other remedies as appropriate in particular cases. The Restatement Third reorganizes, consolidates, and expands the Restatement Second’s discussion of remedies. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.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 tort damages and other remedies. It will include issues related to identifying the types of recoverable damages, such as past and future lost wages, medical expenses, disfigurement, and pain and suffering, as well as measuring damages, including discounting future earnings to present value, the effect of taxes, and structured settlements.
At its meeting on October 21 and 22, 2021, the Council approved Council Draft No. 1, containing § 1, Availability of Tort Remedies, and §§ 2 to 10 and 12 to 17 of Topic 1, General Rules for Measuring Compensatory Damages, of Chapter 1. All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.
- Preliminary Draft No. 1 (2020)
- Preliminary Draft No. 2 (2021)
Council Draft No. 1 (2021)
- Tentative Draft No. 1 (in progress)
- Council Draft No. 2 (in progress)