Summary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2

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1 Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter 2. Intentional Harm to Persons Chapter 3. Intentional Harm to Land or Chattels Chapter 4. Defenses of Person, Land, and Chattels Privileges PART III. NEGLIGENT HARMS TO PERSONS OR PROPERTY Chapter 5. Negligence Liability and the Ordinary Duty of Care Chapter 6. Breach of Duty Chapter 7. Physical Harm Chapter 8. Factual Cause Chapter 9. Scope of Liability (Proximate Cause) Chapter 10. Defenses Chapter 11. A rmative Duties Chapter 12. Duty of Land Possessors PART IV. EMOTIONAL HARM Chapter 13. Liability for Emotional Harm PART V. LIABILITY OF EMPLOYERS AND THOSE WHO HIRE INDEPENDENT CONTRACTORS Chapter 14. Direct and Vicarious Liability of Those Who Hire Employees and Independent Contractors vii

2 Summary of Contents PART VI. STRICT LIABILITY Chapter 15. Strict Liability PART VII. PRODUCTS LIABILITY Chapter 16. Products Liability PART VIII. NUISANCE Chapter 17. Nuisance PART IX. APPORTIONMENT OF LIABILITY Chapter 18. Apportionment of Liability PART X. DAMAGES Chapter 19. Damages viii

3 Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 A. The American Law Institute... 2 B. The Restatement of Torts... 3 C. The Restatement Third of Torts: Liability for Physical and Emotional Harm... 5 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter 2. Intentional Harm to Persons A. General Principles Intent Recklessness Liability for Intentional Physical Harm Scope of Liability for Intentional and Reckless Tortfeasors B. Battery Battery: Harmful Contact Character of Intent Necessary Battery: O ensive Contact What Constitutes O ensive Contact C. Assault Assault Attempt Unknown to Other Conditional Threat Threat by Words ix

4 D. False Imprisonment False Imprisonment What Constitutes Con nement Con nement by Physical Force Con nement by Threats of Physical Force Con nement by Asserted Legal Authority Chapter 3. Intentional Harm to Land or Chattels A. Trespass on Land Liability for Intentional Intrusions on Land Intended Intrusions Causing No Harm Intrusions Under Mistake B. Trespass to Chattels Ways of Committing Trespass to Chattel Liability to Person in Possession C. Conversion A. What Constitutes Conversion Conversion by Receiving Possession in Consummation of Transaction Chapter 4. Defenses of Persons, Land, and Chattels Privileges A. Self-Defense and Defense of Third Persons Self-Defense by Force Not Threatening Death or Serious Bodily Harm Self-Defense by Force Threatening Death or Serious Bodily Harm Defense of Third Person B. Defense of Land and Chattels Defense of Possession by Force Not Threatening Death or Serious Bodily Harm Use of Mechanical Device Not Threatening Death or Serious Bodily Harm Use of Mechanical Device Threatening Death or Serious Bodily Harm C. Consent Meaning of Consent x

5 168. Conditional or Restricted Consent Consent Restricted as to Area Consent Conditioned or Restricted as to Time Consent Obtained by Duress D. Privileged Entries on Land Public Necessity Private Necessity PART III. NEGLIGENT HARMS TO PERSONS OR PROPERTY Chapter 5. Negligence Liability and the Ordinary Duty of Care A. General Principles of Negligence Liability for Physical Harms Negligence Liability for Negligence Causing Physical Harm B. The Ordinary Duty of Reasonable Care Duty Judge and Jury C. Particular Circumstances Related to the Duty of Care Emergency Children Disability Knowledge and Skills Chapter 6. Breach of Duty A. Custom Custom B. Violation of Statute Statutory Violations as Negligence Per Se Excused Violations C. Compliance with Statute Statutory Compliance xi

6 D. Res Ipsa Loquitur Res Ipsa Loquitur E. Particular Types of Breach Negligent Failure to Warn Conduct That Is Negligent Because of the Prospect of Improper Conduct by the Plainti or a Third Party Chapter 7. Physical Harm Physical Harm Chapter 8. Factual Cause A. But-for Cause Factual Cause B. Multiple Su cient Causes Multiple Su cient Causes C. Burden of Proof Burden of Proof Chapter 9. Scope of Liability (Proximate Cause) A. Harms Risked by the Tortious Conduct Limitations on Liability for Tortious Conduct Risk of Harm Not Generally Increased by Tortious Conduct B. Unforeseeable Harm Preexisting Conditions and Unforeseeable Harm Rescuers C. Intervening, Subsequent, and Duplicative Acts Intervening Acts and Superseding Causes Enhanced Harm Due to E orts to Render Medical or Other Aid Trivial Contributions to Multiple Su cient Causes Chapter 10. Defenses A. Assumption of the Risk Contractual Limitations on Liability B. Plainti Fault xii

7 3. Ameliorative Doctrines for De ning Plainti s Negligence Abolished Proof of Plainti s Negligence and Legal Causation E ect of Plainti s Negligence When Plainti Su ers an Indivisible Injury C. Assigning Shares of Responsibility Factors for Assigning Shares of Responsibility Chapter 11. A rmative Duties A. General Rule No Duty of Care with Respect to Risks Not Created by Actor B. Exceptions A rmative Duty Based on Statutory Provisions Imposing Obligations to Protect Another Duty Based on Prior Conduct Creating a Risk of Physical Harm Duty Based on Special Relationship with Another Duty to Third Parties Based on Special Relationship with Person Posing Risks Duty Based on Undertaking Duty to Third Parties Based on Undertaking to Another Duty to Another Based on Taking Charge of the Other Chapter 12. Duty of Land Possessors A. De nitions Possessor of Land De ned Trespasser De ned B. General Duty of Land Possessors General Duty of Land Possessors C. Exceptions and Special Rules Duty of Land Possessors to Flagrant Trespassers xiii

8 53. Duty of Lessors Duty of Land Possessors to Those Not on the Possessor s Land PART IV. EMOTIONAL HARM Chapter 13. Liability for Emotional Harm A. Emotional Harm De ned Emotional Harm B. Intentional or Reckless In iction of Emotional Harm Intentional (or Reckless) In iction of Emotional Harm C. Negligent In iction of Emotional Harm Negligent Conduct Directly In icting Emotional Harm on Another Negligent In iction of Emotional Harm Resulting from Bodily Harm to a Third Person PART V. LIABILITY OF EMPLOYERS AND THOSE WHO HIRE INDEPENDENT CONTRACTORS Chapter 14. Direct and Vicarious Liability of Those Who Hire Employees and Independent Contractors A. Overview of Liability of Employers and Other Principals Principal s Liability In General B. Direct Liability in Negligence of Employers Principal s Negligence in Conducting Activity Through Agent; Principal s Special Relationship with Another Person C. Vicarious Liability of Employers for Torts Committed by Employees Respondeat Superior D. Overview of Liability of Those Who Hire Independent Contractors E. Direct Liability in Negligence of Those Who Hire Independent Contractors Direct Liability in Negligence of Those Who Hire Independent Contractors xiv

9 56. Duty Limitation as to Work Entrusted to an Independent Contractor F. Vicarious Liability of Those Who Hire Independent Contractors Vicarious Liability of Those Who Hire Independent Contractors: General Rule Work Involving Abnormally Dangerous Activities Activity Posing a Peculiar Risk Work on Instrumentalities Used in Highly Dangerous Activities Activities Involving a Trespass, Nuisance, or Withdrawal of Support Possessors and Lessors of Land Precautions Required by Statute or Regulation Activities Under Public Franchise or in a Public Place Work Accepted as the Hirer s Performance of the Work PART VI. STRICT LIABILITY Chapter 15. Strict Liability A. Abnormally Dangerous Activities Abnormally Dangerous Activities B. Animals Intrusion by Livestock or Other Animals Wild Animals Abnormally Dangerous Animals C. Scope of Liability Scope of Strict Liability D. Defenses Comparative Responsibility xv

10 PART VII. PRODUCTS LIABILITY Chapter 16. Products Liability A. Categories of Product Defect (Manufacturing, Design, and Warning Defect) Liability of Commercial Seller or Distributor for Harm Caused by Defective Products Categories of Product Defect B. Warning Defect Liability of Commercial Product Seller or Distributor for Harm Caused by Misrepresentation Liability of Commercial Product Seller or Distributor for Harm Caused by Post-Sale Failure to Warn C. Defenses and Remedies Apportionment of Responsibility Between or Among Plainti, Sellers and Distributors of Defective Products, and Others Disclaimers, Limitations, Waivers, and Other Contractual Exculpations as Defenses to Products Liability Claims for Harm to Persons D. Principles of General Applicability De nition of Product PART VIII. NUISANCE Chapter 17. Nuisance A. Types of Nuisance A. Types of Nuisance B. Public Nuisance B. Public Nuisance C. Who Can Recover for Public Nuisance C. Private Nuisance D. Private Nuisance General Rule Unreasonableness of Intentional Invasion D. Signi cant-harm Requirement xvi

11 821F. Signi cant Harm E. Defenses D. Coming to the Nuisance PART IX. APPORTIONMENT OF LIABILITY Chapter 18. Apportionment of Liability A. Apportioning Liability Among Two or More Persons Issues and Causes of Action Addressed by This Restatement B. Multiple Tortfeasors and Indivisible Harms E ect of Joint and Several Liability E ect of Several Liability Intentional Tortfeasors Vicarious Liability Tortfeasors Liable for Failure to Protect the Plainti from the Speci c Risk of an Intentional Tort Persons Acting in Concert E ect of Partial Settlement on Jointly and Severally Liable Tortfeasors Liability Joint and Several or Several Liability for Independent Tortfeasors C. Indemnity and Contribution Indemnity Contribution D. Multiple Tortfeasors and Divisible Harms Apportionment of Liability When Damages Can Be Divided by Causation PART X. DAMAGES Chapter 19. Damages A. Basic Concepts General Principle Compensatory Damages De nition General and Special Damages xvii

12 905. Compensatory Damages for Nonpecuniary Harm Compensatory Damages for Pecuniary Harm Punitive Damages Damages for Past, Present and Prospective Harms Expense of Litigation A. E ect of Taxation B. Diminution of Damages Avoidable Consequences Bene t to Plainti Resulting from Defendant s Tort A. E ect of Payments Made to Injured Party C. Compensatory Damages for Speci c Types of Harm Harm to the Person Actions for Causing Death xviii