Also known as: Restatement provision · Restatements provisions · Restatement · ALI Restatement
Written by attorneys · grounded in primary & secondary sources — see below
A collection of definitional statements appearing in a Restatement that assign precise meanings to recurring legal terms. These statements ensure uniform application of the defined terms across the entire document by linking each term to a specific doctrinal consequence or factual predicate.
Robert Rivera slipped on a wet floor inside a grocery store owned by Rhea Reynolds. Reynolds had posted no warning signs and left the spill unaddressed for over an hour. Rivera sued Reynolds for the resulting injuries. The court applied the Restatement definition of duty to determine whether Reynolds was required to act in a particular manner or face liability.
Rowan Russell granted Ronald Reed the right to enter Russell's wooded parcel and cut mature oak trees for lumber. Reed began harvesting without Russell's further consent. Russell sued to enjoin the activity. The court looked to the Restatement definition of profit to decide whether Reed held a recognized servitude interest.
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Roland Rhodes, a bank loan officer at Redwood Bank, orally approved a large unsecured credit line for client Renata Russo after internal policy had suspended his signing authority. Russo relied on the approval and drew funds. When the bank later dishonored the draw, Russo sued. The court examined the Restatement definition of inherent agency power to assess whether the bank remained bound despite the internal restriction.
Rhapsody Entertainment mounted a large screen above a sales floor. The screen detached without any customer contact and struck patron Regal Apparel. Regal sued the store for negligence. The court applied the Restatement definition of legal cause to decide whether the store's conduct would be treated as the responsible sequence producing the injury.
Radiance Media obtained an irrevocable right to run fiber-optic cables across land owned by Ronald Reed. Reed later attempted to revoke access. Radiance sued to enforce continued entry. The court consulted the Restatement definition of easement to determine whether the arrangement qualified as an affirmative servitude that could not be unilaterally withdrawn.
Rhea Reynolds operated heavy machinery that malfunctioned and damaged adjacent property belonging to Robert Rivera. Rivera claimed economic loss from the downtime. Reynolds defended by arguing the loss was not compensable. The court turned to the Restatement definition of harm to decide whether the loss or detriment qualified as the factual predicate for liability.
They assign a single, precise meaning to each recurring term and tie that meaning directly to a doctrinal consequence such as liability or a recognized interest. Courts and drafters therefore apply the same definition wherever the term appears in the Restatement.
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Each term receives its own definition so that factual detriment is separated from the invasion of a legally protected interest. This separation allows precise analysis of whether a claim requires proof of one, the other, or both.
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The definition expands the term to cover arrangements that function like easements even if labeled differently by the parties. Courts therefore treat the license as enforceable under the same rules that govern easements.
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…299, 140 So. 439 (1932); compare N. A. A. C. P. v. Alabama , 357 U. S. 449, 454-458. [^maj-6]: See American Law Institute, Restatement of Torts, § 593, Comment b (1938). [^maj-7]: Konigsberg v. State Bar of California , 366 U. S. 36, 49, and n. 10; Times Film Corp. v. City of Chicago , 365 U. S. 43, 48; Roth v. United…