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, Particular Torts and Issues, of Chapter 6 on Torts; and §§ 7.01-7.11 of Topic 1, Core Property Issues, and §§ 7.12-7.18 of Topic 2, Property in Marriage and Other Domestic Relationships, of Chapter 7 on Property, with the understanding that the Reporters will consult with the Council members who commented on §§ 6.12, 7.06, 7.07, and 7.18 when editing those sections.


The Council approved Council Draft No. 7, which contained §§ 40 (for reference only) and 42-45 of Chapter 4, Copyright Formalities; §§ 49 and 52 of Chapter 5, Duration of Copyright; §§ 55 (for reference only), 6.05, 6.07, 6.08, and 6.11 of Chapter 6, Copyright Rights and Limitations; and §§ 7.01-7.04 and 7.07 of Chapter 7, Copyright Infringement.


The Council approved Council Draft No. 7, containing material from five Chapters of Division Three, Leases, of Volume 4 on Divided and Shared Ownership, as well as material from Division One, Foundations, Division Two, Contracts for Purchase and Sale of Present Estates in Real Property, and Division Three, Deeds of Conveyance, of Volume 5 on Title and Transfer of Ownership, with the understanding that the Reporters will consult with the Council members who commented on § 2.5 (Caveat Emptor) when editing that section.

Torts: Miscellaneous Provisions

The Council approved the following material in Council Draft No. 4: §§ 48 F-48 K on Interference with Family Relationships; §§ 48 D-48 F on Sepulcher; §§ 1-7 on Vicarious Liability; the unnumbered section on Aiding and Abetting Negligence Torts; §§ 70-72 on Liability in Event of Death; and § 20 A on Bad-Faith Performance of First-Party Insurance Contract. In addition, the Council approved §§ 7-9 of the material on Medical Malpractice and a new section, to be added following the current § 7, to address standardized form agreements.

The Council discussed but did not vote on § 4 of the Medical Malpractice material; the Reporters will revise the section for consideration at the Council’s next meeting. Due to time constraints, the Council did not complete its discussion of the remainder of Council Draft No. 4.

Torts: Remedies

The Council approved Council Draft No. 2, containing §§ 5, 11, and 12 of Topic 1, General Rules for Measuring Compensatory Damages, and §§ 18-28 of Topic 2, Injury to the Person, of Chapter 1 on Compensatory Damages; and §§ 43-49 of Topic 1, Permanent Injunctions, of Chapter 3 on Injunctions and Other Forms of Specific Relief.

If you would like more information on any of the drafts or projects, please contact us at 

* All approvals are subject to the discussion at the meeting and the usual editorial prerogative. 


Pauline Toboulidis

The American Law Institute


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