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By citing a Restatement section in a legal brief, a lawyer may bring to the attention of a judge a carefully studied summary of court action on almost any common law legal doctrine. The judge can then consider the Restatement section and make an informed decision as to how to apply it in the case at hand.
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]
In Ingram Industries Inc. v. Nowicki 527 F. Supp. 683 (1981), a federal judge applying the law of Kentucky relied on Section 552 of the Restatement (Second) of Torts. Section 552 provides: Section 552 provides:
Most American courts recognize res ipsa loquitur. 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 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 ...
Dignitary torts are a category of intentional tort affecting the honour, dignity, and reputation of an individual and include: Defamation, [k] invasion of privacy, breach of confidence, torts related to the justice system such as malicious prosecution and abuse of process, and torts pertaining to sexual relations that are considered obsolete in ...
As Reporter for the Second Restatement of Torts, he helped codify strict products liability in the Restatement's Section 402A. In the early 1940s, Prosser prepared the Comments and Notes to the predecessor of the Uniform Commercial Code: Commercial Code, Tentative Draft No. 1 – Article III. His work was limited to sections 1–51 of Article ...
The Restatement (Second) of Torts is in accord with this concept, stating that one who receives possession of a chattel from another with the intent to acquire for himself or a third person a proprietary interest in the chattel which the other has not the power to transfer is subject to liability for conversion to a third person then entitled ...