Also known as: Restatements of the Law · Restatement · Restatements · ALI Restatement · Restatement (Second) · Restatement (Third)
Written by attorneys · grounded in primary & secondary sources — see below
A compilation of common law rules in various fields prepared by the American Law Institute. The Restatement sets forth black-letter rules drawn from decided cases together with comments and illustrations that guide courts and practitioners.
Rosalind Reed drove her car through an intersection without stopping at a stop sign and struck Raymond Ramos's vehicle. Under the Restatement provision defining duty, Rosalind's failure to stop subjected her to liability for the injuries that her conduct legally caused to Raymond.
Riverfront Developments granted Raphael Rivera the right to enter its wooded parcel and cut and remove standing timber for sale. The Restatement provision classifying this right as a profit a prendre supplied the legal basis for Raphael's continued access and removal despite the landowner's later objections.
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Rajesh Rao, an employee of Reliance Insurance, negotiated and signed a policy endorsement on behalf of the company even though his express authority had been internally limited. The Restatement provision on inherent agency power protected the third party who relied on the agency relationship and allowed enforcement of the endorsement against the insurer.
Ruby Rivera left a defective ladder on a construction site where Roland Rhodes later used it and fell. The Restatement provision defining legal cause held Ruby responsible for the resulting injuries because the causal sequence made her conduct the legal cause of the harm absent any defense.
Raven Logistics obtained an irrevocable license to run a pipeline across Radiance Media's land for utility service. The Restatement provision treating an irrevocable license as an easement allowed Raven to enforce continued use against later objections by the landowner.
Reliance Insurance denied a claim after Roland Rhodes suffered loss of use of his vehicle following an accident caused by the insured. The Restatement provision defining harm recognized the loss of use as sufficient detriment to support recovery even without physical damage to the vehicle itself.
Courts treat Restatements as persuasive authority that synthesizes common-law rules from decided cases. Judges often adopt the black-letter rules and comments when they accurately reflect the weight of authority or when they promote uniformity.
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Restatement provisions are not binding. They carry persuasive weight only and may be rejected when a court finds better-reasoned authority or when local precedent diverges.
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A Restatement compiles and restates existing common law without legislative force. A uniform act is a model statute drafted for enactment by legislatures and becomes binding only after adoption.
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Bar examiners test Restatement sections because they supply concise, widely accepted formulations of doctrine that appear across multiple subjects and frequently match the black-letter rules applied on the exam.
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…to one's lips in a particular case depends primarily upon one's evaluation of the worth of competing uses of real estate. See Restatement (Second) of Torts § 822, Comment g , p. 112 (1979) ("Practically all human activities unless carried on in a wilderness interfere to some extent with others or involve some risk of interference").…