Research guides

Restatement of Torts

Torts

A tort is "a civil wrong, other than a breach of contract, for which a remedy may be obtained, usu. in the form of damages." Tort, Black's Law Dictionary (10th ed. 2014).

Series Information

The Restatement of the Law, Third, Torts: Intentional Torts to Persons and Restatement of the Law, Third, Torts: Liability for Economic Harm are currently in development. See ALI for more information.

Volume 1 of the Restatement of the Law, Third, Torts: Liability for Physical and Emotional Harm was published in 2010 and volume 2 was published in 2012. The supplements include only case citations for Torts (Third): Liability for Physical and Emotional Harm.

The Restatement of the Law, Third, Torts: Apportionment of Liability was published in 2000. The supplement includes all case citations for Torts (Third): Apportionment of Liability. For the reader's convenience, the supplement also includes recent case citations to superseded sections in Chapters 16, 17, 17A, and 44 of the second series and their counterparts in the first series. See Table 2 on page 371 Torts (Third): Apportionment of Liability for a list of the affected sections of the second series.

The Restatement of the Law, Third, Torts: Products Liability was published in 1998. The appendix and supplement to Torts (Third): Products Liability include all case citations to Torts (Third): Products Liability as well as case citations from July 1984 to present for §§ 402A-402B of the second series.

Volumes 1 and 2 of the second series of Torts were published in 1965. Volume 3 was published in 1977 and volume 4 was published in 1979. §§ 708-761 of the first series were omitted from the second series (see the Restatement, Second: Torts, Introductory Note to Division 9 [vol. 4] for more information). The appendices and supplements to the second series include all case citations for §§ 1-402 and 403-end of the second series and case citations for §§ 1-707 and 762-end of the first series. Case citations from July 1984 to present for §§ 402A-402B of the second series can be found in the appendix and supplement to Torts (Third): Products Liability. Case citations from July 1987 for §§ 708-761 of the first series can be found in the supplement to Restatement, Third: Unfair Competition.

Volumes 1 and 2 of the first series of Torts were published in 1934. Volume 3 was published in 1938 and volume 4 was published in 1939. Case citations for §§ 1-707 and 762-end of the first series can be found in the appendices and supplements to the second series. §§ 708-761 of the first series were omitted from the second series (see the Restatement, Second: Torts, Introductory Note to Division 9 for more information). Case citations to June 1987 for §§ 708-761 of the first series can be found in the appendices and supplements to the second series. Case citations from July 1987 to present for §§ 708-761 of the first series can be found in the supplement to Restatement, Third: Unfair Competition.

Superseded Status

"The Restatement of the Law of Unfair Competition, published in 1995, supersedes and replaces Chapters 34, 35, and 36 (§§ 708-761) of the original Restatement of Torts." Torts: Note to Restatement (Third) of Unfair Competition, at 1 (Supp. 2015). See the Unfair Competition tab of this guide for where to find Restatement, Third: Unfair Competition.

"The Restatement Third, Torts: Products Liability supersedes §§ 402A-402B of the Restatement Second." Introduction to Restatement (Third) Torts: Products Liability, at VII (Supp. 2015).

"Many topics addressed in [the Restatement, Third, Torts: Apportionment of Liability] were previously addressed in Restatement, Second, Torts. In many cases, provisions in [Torts (Third): Apportionment of Liability] supersede provisions contained in the prior Restatement." Table 1 to Restatement (Third) Torts: Apportionment of Liability, at 369 (2000).

The Restatement, Third, Torts: Apportionment of Liability "has superseded a number of sections in Chapters 16, 17, 17A, and 44 of the Restatement Second of Torts." Introduction to Restatement (Third) of Torts: Apportionment of Liability, at VII (Supp. 2015).

For more information on superseded status, see the publication page at www.ali.org or contact the American Law Institute.

Parallel Tables

The Parallel Tables found in the back of Restatement (Third) Torts: Physical & Emotional Harm show corresponding Restatement (Third) Torts: Physical & Emotional Harm and Restatement (Second) Torts section numbers. Each volume of Restatement (Third) Torts: Physical & Emotional Harm should be consulted.

The Parallel Tables found in the back of Restatement (Third) Torts: Apportionment of Liability show corresponding Restatement (Third) Torts: Apportionment of Liability, Restatement (Second) Torts, and Restatement (Third) Torts: Apportionment of Liability Proposed Final Drafts 1998 and 1999 section numbers.

The Parallel Tables found in the back of volume 3 of Restatement of Torts (1934) show corresponding Restatement of Torts (1934) and select Tentative and Proposed Final Draft section numbers.

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