Ads
related to: restatement second of torts pdf
Search results
Results From The WOW.Com Content Network
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]
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 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 ...
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 ...
%PDF-1.5 %âãÏÓ 191 0 obj > endobj xref 191 25 0000000016 00000 n 0000001437 00000 n 0000001560 00000 n 0000001882 00000 n 0000002862 00000 n 0000003042 00000 n 0000003184 00000 n 0000003359 00000 n 0000003594 00000 n 0000004073 00000 n 0000004242 00000 n 0000081823 00000 n 0000082060 00000 n 0000082215 00000 n 0000107550 00000 n 0000107790 00000 n 0000108080 00000 n 0000142116 00000 n ...
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).
The "foreseen" or "Restatement Standard" approach was established by the American Law Institute’s (ALI) Second Restatement of Law of Torts. With this approach the auditor is liable to all third parties in which their reliance is foreseen even if the auditor doesn't know the third party. [13]