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Swan (1822), and then consults the Restatement (Second) of Torts. Section 520 of the Restatement sets out six factors for determining when strict liability is appropriate: "Guille is a paradigmatic case for strict liability. (a) The risk (probability) of harm was great, and (b) the harm that would ensue if the risk materialized could be ...
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.
The volumes covering torts are part of the second Restatements of the Law series. It includes four volumes, with the first two published in 1965, the third in 1977 and the last in 1979. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. [2]
Buick Motor Co., 217 N. Y. 382; American Law Institute. Restatement of the Law of Torts, § 262). A force or instrument of harm having been launched with potentialities of danger manifest to the eye of prudence, the one who launches it is under a duty to keep it within bounds (Moch Co. v. Rensselaer Water Co., supra, at p. 168).
American Law Institute, Restatement (Second) of Tort §§ 519, 520 American Law Institute , Restatement (Third) of Torts: Liability for Physical Harm (Basic Principles) § 20 Indiana Harbor Belt R.R. v. American Cyanamid Co. , 916 F.2d 1174 ( 7th Cir. 1990)
The Restatement (Second) of Torts, § 328D describes a two-step process for establishing res ipsa loquitur. The first step is whether the accident is the kind usually caused by negligence, and the second is whether or not the defendant had exclusive control over the instrumentality that caused the accident.
The Restatement (Second) of Torts, a highly influential restatement of United States tort law. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to a breach of general obligations imposed by law and not by contract.
The Restatement of Torts, Second § 217 defines trespass to chattels as "intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another." Harm to personal property or diminution of its quality, condition or value as a result of a defendant's use can also result in liability under ...