Also known as: Restatements · restater · ALI Restatement
Written by attorneys · grounded in primary & secondary sources — see below
A series of influential treatises published by the American Law Institute that describe the law in a given area and guide its development through black-letter rules, comments, illustrations, and reporter's notes.
Renee Rogers operated a delivery van that struck Ronald Reed after she failed to yield at an intersection. Reed sued Rogers for negligence. The court examined whether Rogers owed Reed a duty of care under the applicable Restatement framework. Because Rogers did not conduct herself in the particular manner required, the court held her subject to liability for the injury her conduct legally caused.
Ravi Reddy granted Rocky Mountain Mining the right to enter his land and extract minerals. When a neighbor objected, Reddy defended the arrangement as creating a recognized servitude. The court classified the grant as a profit because it conferred the right to remove substances from land in another's possession.
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Regina Robinson, an agent for Rhapsody Entertainment, signed a contract on the company's behalf even though she lacked express or apparent authority. The third party relied on the signature and suffered losses. The court imposed liability on the principal solely because the agency relation created inherent agency power to protect persons harmed by dealing with the agent.
Rebecca Ross left a gate open, allowing her dog to escape and bite Rhea Reynolds. Reynolds sued Ross for the resulting injuries. The court traced the causal sequence from Ross's tortious conduct to the invasion of Reynolds's protected interest and held Ross responsible because no defense to liability applied.
Royal Crest Hotels obtained an irrevocable license to cross adjacent land for guest access. When the servient owner later revoked permission, the hotel claimed the license had become an easement. The court treated the license as an easement under the Restatement definition because it was irrevocable and involved entry and use of land in another's possession.
Radiance Media published false statements that caused Ronald Reed emotional distress but no physical impairment. Reed sued for defamation. The court distinguished between harm, defined as any loss or detriment in fact, and injury, defined as the invasion of a legally protected interest, and allowed the claim to proceed on proof of harm alone.
A Restatement clarifies existing common law, resolves uncertainties, and guides courts and legislatures. It presents black-letter rules followed by comments and illustrations that show how the rules apply.
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No. A Restatement provision is not binding unless the jurisdiction's highest court has officially adopted it. Courts frequently cite Restatements as persuasive authority.
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Each Restatement is divided into chapters, topics, and numbered sections. Every section contains a concise black-letter statement of law, followed by explanatory comments, illustrations, and reporter's notes.
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The Restatement of Property and the Restatement of Trusts are particularly important in wills, trusts, and estates practice. Later versions often reflect both existing law and reform proposals.
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…the law will look at their conduct and not to their intent or their words as between themselves but to their factual relation. Restatement (Second), Agency § 27 (1958). The normal pattern that the manufacturer-dealer relationship follows relegates the position of the dealer to the status of a way station along the car’s route…