Also known as: Restatement Second of Contracts · Restatement 2d of Contracts · Restatement (2d) of Contracts · Restatement of Contracts (Second) · 2d Restatement of Contracts
Written by attorneys · grounded in primary & secondary sources — see below
A compilation of common-law rules and principles that govern the formation, performance, and remedies for breach of contracts. Courts and legislatures consult its sections to resolve disputes over mutual assent, consideration, mistake, and enforcement of promises.
Regina Robinson orally promised Riverfront Developments an access easement across her land to reach a public road. Riverfront spent substantial sums building the road in reliance on the promise. A court applies the reliance exception to enforce the servitude despite the missing writing.
Roland Rhodes, representing a class of plaintiffs, negotiated a settlement that included a fee waiver for defendants. The court evaluates whether the waiver undermines statutory fee-shifting goals by examining the parties' bargaining positions and the overall fairness of the agreement.
Select any source to read its text and confirm it supports the definition.
Rowan Russell, a source, provided information to Riley Rivera at a newspaper after receiving a promise of confidentiality. When the newspaper published the name, Russell sued for breach. The court assesses whether the promise created an enforceable contract or remained a moral commitment only.
Rosalind Reed contracted with Redwood Bank to supply aluminum at prices indexed to production costs. An unforeseen shift in energy markets caused the index to produce grossly unfair prices. The court determines whether mutual mistake permits reformation of the pricing formula.
Renata Russo purchased software from Radiance Media. After opening the package she discovered license terms prohibiting resale. When she posted the software online, the company sued. The court decides whether the terms inside the box became part of the contract upon purchase.
Royal Crest Hotels faced state tort claims arising from cigarette advertising. The company argued federal statutes displaced those claims. The court examines whether the federal scheme occupies the field and whether common-law duties survive under principles of contract and preemption analysis.
A signed writing that recites purported consideration and proposes a fair exchange within a reasonable time creates an irrevocable option even if the recited consideration is not actually bargained for.
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A promise made in recognition of a benefit previously received is binding to the extent necessary to prevent injustice, provided the benefit was not conferred as a gift and the value of the promise is not disproportionate to the benefit.
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An offeree who begins invited performance creates an option contract that conditions the offeror's duty on completion, but must give notice within a reasonable time if the offeror has no adequate means of learning of the performance.
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A contract is voidable by the adversely affected party when a mutual mistake at formation concerns a basic assumption that materially affects the agreed exchange, unless that party bears the risk of the mistake.
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A usage of trade supplements an agreement only if each party knows or has reason to know of the usage and neither party knows or has reason to know that the other intends something inconsistent with it.
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…every exchange of promises. See, e.g. , Minn.Stat. ch. 553 (1988) (abolishing breaches of contract to marry); see also Restatement (Second) of Contracts §§ 189-91 (1981) (promises impairing family relations are unenforceable). We are not persuaded that in the special milieu of media newsgathering a source and a reporter ordinarily believe…