Restatement of the Law Third, Torts: Remedies
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 Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.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, and the effect of taxes.
Reporters
Richard L. Hasen
Reporter, Torts: Remedies
Richard L. Hasen is the Gary T. Schwartz Endowed Chair in Law, Professor of Political Science (by courtesy), and Director of the Safeguarding Democracy Project at UCLA School of Law. He is an internationally recognized expert in election law, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. He is co-author of leading casebooks in election law and remedies. Hasen serves in 2024 as an NBC News/MSNBC Election Law Analyst.
Douglas Laycock
Reporter, Torts: Remedies
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for four decades. He is currently the Robert E. Scott Distinguished Professor of Law and Professor of Religious Studies at the University of Virginia School of Law, and the Alice McKean Young Regents Chair in Law Emeritus at the University of Texas School of Law.
Douglas Laycock and Richard L. Hasen | September 9, 2024 | Torts: Remedies
Douglas Laycock of UVA Law (Retired) and Richard L. Hasen of UCLA Law explain how the role of remedies has developed over time within the Torts Restatements and the impact remedies have on a case. Laycock and Hasen serve as Reporters for Restatement of the Law Third,...
Douglas Laycock and Richard L. Hasen | August 1, 2024 | Torts: Remedies
Examining how states may vary when awarding damages, Douglas Laycock of UVA Law (Retired) and Richard L. Hasen of UCLA Law discuss the contents of Tentative Draft No. 3 for Restatement of the Law Third, Torts: Remedies, which was presented at the 2024 ALI Annual...
Erik Encarnacion | February 14, 2024 | Torts: Remedies
Below is the abstract for “Making Whole, Making Better, and Accommodating Resilience,” available for download on SSRN. The conventional story about compensatory damages is that they aim to make plaintiffs whole, but not better off. This make-whole ideal implies that...
Madison Bessho | January 26, 2024 | Conflict of Laws, Copyright, Inside The ALI, Property, Torts: Miscellaneous Provisions, Torts: Remedies
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed below.* Conflict of Laws The Council approved Council Draft No. 9, containing the...
Pauline Toboulidis | January 25, 2023 | Conflict of Laws, Copyright, Inside The ALI, Property, Torts: Miscellaneous Provisions, Torts: Remedies
At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed below.* Conflict of Laws The Council approved Council Draft No. 8, containing §§ 6.11-6.12 of Topic 2,...
Pauline Toboulidis | June 1, 2022 | Children and the Law, Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Torts: Remedies, Uniform Commercial Code
Last month, ALI membership met at the 2022 Annual Meeting to discuss and vote on 12 ALI project drafts. Below is a list of the projects by date presented to the ALI membership for discussion at the Meeting. Learn more about the actions taken at the Meeting here. All...