Torts: Remedies Posts
Remedies in Tort Law
This video explains how the role of remedies has developed over time within the Torts Restatements and the impact remedies have on a case.
Project Spotlight: Torts – Remedies
In this video, Reporters for the Restatement of the Law Third, Torts: Remedies examine how states may vary when awarding damages.
Making Whole, Making Better, and Accommodating Resilience
This article undermines the conventional story that compensatory damages aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched.
January 2024 Council Meeting Updates
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.
January 2023 Council Meeting Updates
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.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
Torts: Remedies at the 2022 ALI Annual Meeting
In this video, Reporters Douglas Laycock and Richard L. Hasen provide an overview of Tentative Draft No. 1 of Restatement of the Law Third, Torts: Remedies, which includes a significant portion of Chapter 1 on Compensatory Damages.
October 2021 Council Meeting Updates
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
Sequencing in Damages
Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages?
The Controversy over Trends in High Damage Awards: A Discussion on Causes and Consequences
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the third panel of the day.