Also known as: Restatement Second · Restatements (Second) · Restatement 2d · 2nd Restatement · Restatement 2nd
Written by attorneys · grounded in primary & secondary sources — see below
A series of model treatises published by the American Law Institute that restate common-law rules across fields such as contracts, torts, and conflict of laws, with the Contracts volume issued in 1981 incorporating influences from the Uniform Commercial Code.
Roberto Reyes orally promised an easement across his land to Redwood Bank for access to a new branch. Redwood Bank spent substantial sums constructing the road in reliance on the promise. When Reyes later denied the easement, the bank invoked the part-performance exception. The court applied the Restatement (Second) of Contracts to enforce the servitude despite the missing writing.
Ronald Reed, a therapist, learned that his patient planned to harm Rajesh Rao. Reed did not warn Rao or authorities. After the patient attacked Rao, the court considered whether Reed owed a duty to the victim. The analysis drew on Restatement (Second) principles governing special relationships and foreseeable harm.
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Raphael Rivera, a New York resident, was injured in an Ontario car accident while riding with host Rowan Russell. Rivera sued in New York. The court weighed contacts and policies to select the governing law. It consulted the Restatement (Second) of Conflict of Laws for the most-significant-relationship test.
Riverstone Manufacturing contracted to supply aluminum to Reliance Insurance at a fixed price. Both parties assumed the price formula would track market costs, but it did not. When costs soared, Riverstone sought relief. The court examined the Restatement (Second) rules on mistake of basic assumption to decide whether rescission was available.
Ravi Reddy's will directed that his house be razed after death. The executor and heirs challenged the directive as wasteful. The court assessed whether the condition violated public policy. It referenced Restatement (Second) of Contracts principles on unenforceable promises that harm the public interest.
Rhapsody Entertainment licensed Bela Lugosi's film image for merchandise decades after his death. Lugosi's heirs claimed the licenses infringed a descendible right of publicity. The court considered whether the right survived death and consulted Restatement (Second) concepts of property interests in name and likeness.
The American Law Institute published the Restatement (Second) of Contracts in final form in 1981 after a revision process that began in the 1960s.
The Restatement (Second) reflects post-classicist thinking and heavy influence from the UCC, whereas the 1930s original embodied classical formalism and objectivism.
No. The Restatement (Second) is a private codification issued by the American Law Institute and carries only persuasive authority, though courts frequently adopt its rules.
Section 132 explains that a memorandum need only assure that the contract was made and provide evidence of its terms. It may consist of several documents read together.
Yes. Section 135 provides that a memorandum may be signed by an agent with the same effect as a personal signature, and written authorization is not required unless the statute so provides.
…to the purposes served by the enforcement or denial of the remedy? The traditional choice of law rule, embodied in the original Restatement of Conflict of Laws (§ 384), and until recently unquestioningly followed in this court (see, e.g., Poplar v. Bourjois, Inc. , 298 N.Y. 62, 66; Kaufman v. American Youth Hostels , 5 N.Y.2d…