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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.
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action. In the United States, the rules governing these matters have diverged from the ...
The Rome Regulations: Commentary on the European Rules of the Conflict of Laws. Kluwer. CILE Studies (Center for International Legal Education – University of Pittsburgh School of Law) Private Law, Private International Law, and Judicial cooperation in the EU-US Relationship. Clarkson, C.M.V.; Hill, Jonathan (2006). The Conflict of Laws ...
Most states have adopted the UCC, which governs transactions in goods. Contracts for services or land, for example, would not be governed by the UCC. 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 ...
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 .
A person who accepts the possession of personal property from one not authorized to transfer it may be regarded as a converter. [104] 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 ...
A leading scholar, Farnsworth invested ten years as reporter for the influential 1981 Restatement (Second) of Contracts stabilizing a fluid area of American law. His "Farnsworth on Contracts" is among the most heavily referenced texts on contract law. Farnsworth was elected to the American Philosophical Society in 1994. [1]