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Restatement (Third) of Torts: Coordination and Continuation


Ellen S. Pryor


UNT Dallas College of Law

2009

Wake Forest Law Review, Vol. 44, p. 1383, 2009

Abstract:     
This essay discusses how the Restatement process, with three major areas of torts now completed, will move towards a complete and integrated Restatement (Third) of Torts. In 1991, the American Law Institute (ALI) decided to commence work on a Third Restatement of Torts. Given the immense scope of tort law and the pressing needs for restating some areas of tort law sooner rather than later, the Restatement process went forward according to topics - specifically, Products Liability, Apportionment, and Liability for Physical and Emotional Harm. With the completion of the first two topics and the near completion of the third, the Restatement effort faced questions relating to continuation and coordination. Should the Third Restatement seek to cover all the major topics in tort law, or could some topics remain as presented in the Second Restatement? If all the territory of the Second Restatement should be restated in a Third Restatement, what should be the direction and scope of the remaining Restatement projects? And how should all the topics - completed and future - be coordinated into an integrated Third Restatement? In 2007-2008, a working group assembled by Director Lance Liebman traced out a route for a complete and coordinated Restatement (Third) of Torts. This essay describes this route and discusses some of the considerations that will remain important in the ongoing work of completion and coordination.

Number of Pages in PDF File: 13

Keywords: restatement of law, tort law

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Date posted: May 15, 2010 ; Last revised: August 3, 2010

Suggested Citation

Pryor, Ellen S., Restatement (Third) of Torts: Coordination and Continuation (2009). Wake Forest Law Review, Vol. 44, p. 1383, 2009. Available at SSRN: http://ssrn.com/abstract=1604997

Contact Information

Ellen S. Pryor (Contact Author)
UNT Dallas College of Law ( email )
1901 Main Street
Dallas, TX 75201
United States
(214) 752-5959 (Phone)
HOME PAGE: http://www.untsystem.edu
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