Torts: Economic Harm
The Restatement of the Law Third, Torts: Liability of Economic Harm is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, and Liability for Physical and Emotional Harm.
“Recovery and tort for economic loss has been a growth area in American law over the last few decades. There’s been a lot of judicial commentary and a lot of scholarly commentary on when it ought to be possible to recover in tort for a pure economic loss. Our goal in this Restatement has been to capture the best insights of the commentary while staying true to where the case law has been going.” – Ward Farnsworth, Project Reporter
This Restatement covers unintentional infliction of economic loss, including professional negligence, negligent misrepresentation, negligent performance of services, and public nuisance. It also addresses fraud, breach of fiduciary duty, interference with contract, unjustifiable litigation, and civil conspiracy.
Ward Farnsworth | February 27, 2018 | Torts: Economic Harm
Project Reporter Ward Farnsworth discusses economic loss in the Economic Harm Torts video below. One of the achievements in this project so far that I’m most pleased with is that I think it’s brought a lot of clarity to the so called economic loss rule or...
Ward Farnsworth | February 19, 2018 | Torts: Economic Harm
Economic Harm Torts Project Reporter Ward Farnsworth discusses interference with economic relationships in the video below. This spring I’ll be presenting work on the law governing interference with contract or related topics, interference with economic...
Jennifer Morinigo | January 23, 2018 | Consumer Contracts, Government Ethics, International Commercial and Investor-State Arbitration, Liability Insurance, Sexual Assault, Student Sexual Misconduct, Torts: Economic Harm
At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes: Consumer Contracts: The Council discussed § 1, Definitions and Scope, and § 2, Adoption of Standard Contract Terms, of Council Draft No....
Ward Farnsworth | December 28, 2017 | Inside The ALI, Torts: Economic Harm
This piece is adapted from a speech by Ward Farnsworth on November 14. I consider a Restatement in general to be an exercise in harnessing collective wisdom, not the wisdom of a Reporter. It’s an attempt to gather the collective wisdom of the courts in this country on...
Edith Brady-Lunny | September 11, 2017 | Torts: Economic Harm
Alan Beaman has asked the Illinois Supreme Court to review his claim that Normal police inappropriately urged prosecutors to charge him with murder in the death of his former girlfriend, a charge the state later dismissed following his release from prison and...
Jason M. Knott | June 26, 2017 | Torts: Economic Harm
In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an external hard drive. And despite provisions in...