Torts: Remedies Posts

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.

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?