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P. 1
Black Letter Rules ALI Restatement of the Law Economic Loss - Council Draft 1.1 and Preliminary.draft.2

Black Letter Rules ALI Restatement of the Law Economic Loss - Council Draft 1.1 and Preliminary.draft.2

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Published by George Conk
Black letter rules 1 - 13
Preliminary draft 2 and Council draft 1.1 of the draft Restatement of the Law - Economic Loss
These rules have not been adopted by the ALI and are the subject of continuing discussion.

(c) American Law Institute 2012

This is a non-commercial fair use of the material
Prof. George W. Conk
Fordham University
School of Law
April 2014
Black letter rules 1 - 13
Preliminary draft 2 and Council draft 1.1 of the draft Restatement of the Law - Economic Loss
These rules have not been adopted by the ALI and are the subject of continuing discussion.

(c) American Law Institute 2012

This is a non-commercial fair use of the material
Prof. George W. Conk
Fordham University
School of Law
April 2014

More info:

Published by: George Conk on Apr 07, 2014
Copyright:Traditional Copyright: All rights reserved

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05/28/2014

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AP
PEND
IX
BL CK
LETTER OF COUNCIL
DR FT
N
O.
1.1
§
1.
Liability
for
the
unintentional
infliction
of
economic
loss:
general
orincinles
§
2.
(a}
An
actor
has
no
general
duty
to
avoid the
unintentional
infliction
of
economic
loss
on
another.
(b}
Duties
to
avoid
the
unintentional
infliction
of
economic
loss are
recognized
in
the
circumstances
set
forth
in
§§
X-Y.
Economic
loss
defined
For
purposes
of
this
Restatement
,
is
pecuniary
damage
not
arising
from
plaintiff
 s
person
or
from
physical
plaintiff's
property.
economic
loss
injury
to
the
harm
to
the
§
3.
Preclusion
of
tort
liability
by
contract
(economic
loss
rule)
Except
as provided
elsewhere
in
this
Restatement,
there
is
no
liability
in
tort
for
economic
loss
caused by
neg
l
igence
in
the
performance
or negotiation of
a
contract
between
the
parties
.
91
 
To
r
ts:
Li
ab
i
lity
fo
r E
co
n
omic
Harm
Co
un
cil
Draft
No.
1.
1
§
4.
Professional
negligence
resulting
in
economic
loss professional
is
subject
to
liability
in
t
ort
for
economic
loss
caused
by
the
negligent
performance
of
n
undertaking
to
serve
a
client.
§
5.
Negligent
misrepresentation
1)
One
who,
in
the
cou
rs
e
of
his
business, profession or
employment,
or in
any
transaction
in
which he
has
a
pecuniary
interest,
supplies
false
information
for
the
guidance
of
others,
is
subject to
liability
for
pecuniary
loss
caused
to
them
by
their
reliance
upon
the information,
if
he
fa
il
s
to
use
reasonable
care
in
obtaining
or
communicating
it
2)
Except
liability
stated
suffered
as
stated
in
Subsection (3),
the
in
Subsection
{l)
is
limited to
loss
a)
by
the
person
or
one
of
a
limited
group
of
persons
for
whose
guidance
the
actor
intend
s
to
supply
the
information,
or
for
whose
guidance
he
knows
the
recipient
intends
to
supply
it;
reliance
that
the
knows
or
n
{b)
through
transaction
or
that
he
influence
,
transaction.
upon
the
information
in
a
actor
intends to influence,
the
recipient
intends
to
a
substantially
similar
3)
The
liability
of
one
who
is
under
a
public
duty
to
supply the
information
extends
to
loss
suffered
by
any
of the
class
of pers
ons
for
whose
benefit
the
duty
is
created,
in
any
of
the
transactions
in
which
it
is
intended
to protect
them.
{4) A
plaintiff s
recovery
under
this
Section
is
subject
to
the
same
principles
of
comparative
fault
that
apply
to
other
claims
of
negligence.
5)
This
Section
does
not recognize
liability
for
92
 
Torts:
Liability
for
Econo
m
ic
Harm
Council
Draft
No.
1.1
negligent misrepresentations
negotiating
or
performing
parties.
made
in
the course
a
contract
between
§
6.
Negligent
performance
of
services
of the
1)
One
who,
in
the
course
of
his
business,
profession or
employment,
or
in
any
other
transaction
in
which
he
has
a
pecuniary
interest,
performs
a
service for
the
benefit
of
others,
is
subject to
liability
for
pecuniary
loss
caused
to
them
by
their
reliance
upon
the
service,
if
he
fails
to exercise
reasonable
care
in
performing
it
2)
The
liability
stated
in
Subsection
1)
is
limited
to
loss
suffered
a)
by
the
person
or
one
of
a
limited
group
of
persons
for
whose
benefit
the
defendant
performs
the
service
and
b)
through
reliance
upon
it
in
a
transaction that
the defendant
intends to influence
 
3)
A
plaintiff s
recovery
under
this
subject to
the
same
rules
of
comparative
apply
to other
claims
of
negligence.
93
Section
is
fault that

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