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Far more common, however, is the practice of citing the Restatement to clarify generally accepted doctrine in every major area of contract and commercial law. It is in this context of legal research that one can find the Restatement used as direct substantiation and persuasive authority , to validate the arguments and interpretations of ...
The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code .
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
Restatement may refer to: Restatements of the Law , published by the American Law Institute as scholarly refinements of black letter law; these include: Restatement of Contracts, Second , completed by the American Law Institute in 1979
Most states have adopted the UCC, which governs transactions in goods. Contracts for services or land, for example, would not be governed by the UCC. The second Restatement of Contracts also provides that when parties have not agreed to an essential term, "a term which is reasonable in the circumstances is supplied by the court." However, it ...
Pages for logged out editors learn more. Contributions; Talk; Restatement of Contracts (Second)
Corbin was the writer of Corbin on Contracts and his influence is more evident in the Uniform Commercial Code and the Restatement (Second) of Contracts. [ 18 ] He lived to 101 years of age in spite of ill health in his mid-thirties that interfered with his teaching.
A leading scholar, Farnsworth invested ten years as reporter for the influential 1981 Restatement (Second) of Contracts stabilizing a fluid area of American law. His "Farnsworth on Contracts" is among the most heavily referenced texts on contract law. Farnsworth was elected to the American Philosophical Society in 1994. [1]