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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 Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatises [1] in all of American jurisprudence.
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 .
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. [1]
The federal Constitution created a "plurilegal federal union" in which there are four types of conflicts between different legal systems: federal vs. state, federal vs. foreign, state vs. state, and state vs. foreign. [1] The first type are vertical conflicts resolved by federal preemption pursuant to the Supremacy Clause (and is therefore ...
During Wechsler's tenure as director, the American Law Institute completed the second restatement of the Conflict of Laws, Contracts, Judgments, and Torts as well as the original restatement of Foreign Relations Law of the United States and large parts of the Second Restatement of Property.
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 may not be possible for a reasonable term to be supplied by the court.
In the summer of 1889, he helped to collate laws from various U.S. states in order to help formulate the state constitutions of North Dakota and South Dakota. From 1895 to 1938, Williston was a law professor at Harvard Law School, and in 1910, he briefly served as acting dean.