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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 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.
William Lloyd Prosser (March 15, 1898 – 1972 [1]) was the Dean of the School of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of Prosser on Torts, universally recognized as the leading work on the subject of tort law for a generation.
Restatement of Policy on Germany, a famous speech by James F. Byrnes, then United States Secretary of State, held in Stuttgart on September 6, 1946; Restatement (finance), the amendment and republication of a company's financial statement to correct an error, or change in accounting standard; Repetition (music)
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He was known as a leading theorist of the Realist years in torts theory, though he was not a Realist himself. [ 8 ] [ 9 ] [ 10 ] Among his writings were A Short Selection of Cases on the Law of Torts: Texas, and Other Cases on Torts (Bobbs-Merrill, 1933), Commentaries on Torts: Restatement, Issue 3 (American Law Institute, 1927), and Studies in ...
Slander of title is one of the "specialized" common law intentional torts. The State of California has adopted the definition of slander of title set forth in section 624 of the Restatement of Torts as follows: