Research guides

Restatement of Torts

Torts

A tort is "a civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages." Tort, Black's Law Dictionary (11th ed. 2019).

Jenkins has access to the Restatement of the Law of Torts in print, on the library's Westlaw computers, and on the member database HeinOnline. Use this guide to find out more about this Restatement and how to access it.

Series Information

The American Law Institute has several Restatement projects related to Torts in development, including Restatement of the Law, Third, Torts: Intentional Torts to Persons, Restatement of the Law, Third, Torts: Concluding Provisions, Restatement of the Law, Third, Torts: Defamation and Privacy, and Restatement of the Law, Third, Torts: Remedies. See ALI for more information.

The Restatement of the Law, Third, Torts: Liability for Economic Harm was published in 2020.

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 Restatement of the Law, Third, Torts: Apportionment of Liability was published in 2000. Select case citation sources to Torts (3d): Apportionment of Liability may include case citations to superseded sections in Chapters 16, 17, 17A, and 44 of the second series of the Restatement of Torts and their counterparts in the first series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

The Restatement of the Law, Third, Torts: Products Liability was published in 1998. Select case citation sources to Torts (3d): Products Liability may include case citations to §§ 402A-402B of the second series of the Restatement of Torts.

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. Chapters 34-36, 38 (§§ 708-761, 775-816) of the first series were omitted from the second series (see Division 9: Introductory Note to Restatement (Second) Torts, at 1-2 (vol. 4, 1979) for more information). Select case citation sources to the second series of the Restatement of Torts may include case citations to the first series of Restatement of Torts. Select case citation sources may include case citations to the second series of Restatement of Torts with the third series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

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. Select case citation sources may include case citations to the first series of the Restatement of Torts with the second and third series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements. Select case citation sources may include case citations to §§ 708-761 of the first series of the Restatement of Torts with the Restatement, Third: Unfair Competition.

See the Annotations page of this guide for more information about finding case citations.

Research Tip

For more information about the different Restatement series, see the About the Restatements page of this guide.

Superseded Status

The "Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, is the third installment in The American Law Institute's Restatement Third of Torts. The two prior installments are Products Liability (1998) and Apportionment of Liability (2000). Taken together, these three installments replace and supersede Divisions 2 and 3 of the Restatement Second of Torts, with only one exception ... Liability for interests other than bodily integrity, tangible property, and emotional tranquility remain with the Second Restatement. Thus, this Restatement does not address protection of reputation or privacy, economic loss, or domestic relations. Those matters remain governed by the Second Restatement of Torts until additional, future projects of the Institute address them." Introduction to Restatement (Third) of Torts: Liability for Physical and Emotional Harm, at 1-2 (vol. 1, 2010).

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).

"Throughout [the Restatement, Third, Torts: Apportionment of Liability], the provisions of the Restatement Second of Torts that are superseded, modified, or readopted have been identified." Introduction to Restatement (Third) of Torts: Apportionment of Liability, at 4 (2000).

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

"This volume completes the official text and comments of Restatement, Second of the Law of Torts, superseding the original Restatement of this subject published in the years from 1934 to 1939." Introduction to Restatement (Second) Torts, at vii (vol. 4, 1979).

"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 Restatement of Unfair Competition guide for where to find Restatement, Third: Unfair Competition.

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

Parallel Tables

To help researchers navigate between the different Restatement series, ALI includes "parallel tables", found before the index of most Restatement subjects. These tables show corresponding section numbers between two series of Restatements. Some parallel tables may connect section numbers of the final Restatement with one or more earlier drafts. When using these parallel tables to find where an older series (or draft) section is located in a newer series, be sure to check all volumes of the current series - the parallel tables only point to the sections found in that particular volume.

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. (Volume 1, Volume 2)

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. (Apportionment Volume)

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. (Volume 3)

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