Also known as: Restatement rules · Restatement · ALI Restatement
Written by attorneys · grounded in primary & secondary sources — see below
A provision in a Restatement of the Law that supplies a precise definition or standard for a legal term or concept used throughout that Restatement. The provision states the conditions under which an actor becomes subject to liability or under which a particular legal relation arises.
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Roberto Reyes owned a commercial building adjacent to a public sidewalk. He failed to repair a broken handrail that he knew created a risk of falls. When Rosa Ruiz tripped on the rail and suffered injury, the court held Reyes subject to liability because his conduct violated the required standard of care owed to users of the sidewalk.
Ravi Reddy granted Riverfront Developments the right to enter his wooded parcel and harvest standing timber. When the company began cutting trees, Reddy sought to revoke the right. The court enforced the grant because it conferred a nonpossessory right to remove substances from land in another's possession.
Redline Automotive employed Raphael Rivera as a regional sales representative who regularly negotiated vehicle purchases with fleet buyers. Rivera committed the company to an unusually large discount on a fleet sale. The buyer relied on the commitment, and the court held the company bound because the power arose solely from the agency relation.
Rita Russell purchased a vehicle from Riverside Healthcare's fleet. A manufacturing defect caused the steering to fail, resulting in an accident that injured her. The court held the manufacturer responsible because the causal sequence between the defect and the harm was one for which the law imposes liability absent a defense.
Ralph Richardson allowed Ridgeway Partners to install and maintain utility lines across his land under a written but unrecorded license. When Richardson later attempted to revoke the license, the court treated it as an easement because the grant was irrevocable and conferred a right to enter and use land in another's possession.
Roberto Reyes supplied Rosa Ruiz with a defective ladder for a construction project. The ladder collapsed, causing Ruiz to lose wages and incur medical expenses. The court recognized the existence of loss or detriment in fact even though no legally protected interest had yet been invaded.
A Restatement rule defines duty as the requirement that an actor conduct himself in a particular manner at the risk of liability for injury legally caused to another. This formulation focuses on the consequence of breach rather than on moral or social obligation alone.
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The rule includes an irrevocable license within the term easement when the license confers a right to enter and use land in the possession of another. A negative easement, by contrast, is classified as a restrictive covenant.
…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…
…claim under Rule 10b-5 prove reliance. They note that reliance is and long has been an element of common-law fraud, see, e. g., Restatement
…the law will look at their conduct and not to their intent or their words as between themselves but to their factual relation. Restatement
…of illegal transactions and the special problems of the electronic broadcast media were not presented. Concluding with a
…in creating, the State acquired a duty under state tort law to provide him with adequate protection against that danger. See Restatement
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The rule identifies power that arises solely from the agency relation and exists to protect third persons harmed by or dealing with the agent, independent of actual authority, apparent authority, or estoppel.
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The rule holds an actor responsible for harm resulting from tortious conduct when the causal sequence invades a legally protected interest of another, unless a defense applies.
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No. The rule defines harm as loss or detriment in fact of any kind, while injury denotes the invasion of a legally protected interest.
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A profit confers the additional right to remove timber, minerals, oil, gas, game, or other substances from land in the possession of another, whereas an easement creates only a nonpossessory right to enter and use the land.
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