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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 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 Third Restatement of the Law, Torts: Products Liability §2(b) [1] favors the risk-utility test over the Second Restatement of the Law, Torts §402(a), which favored the consumer expectations test. §2(b) states, in part, "A product is defective when, at the time of sale or distribution...is defective in design. A product is defective in ...
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.
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 ...
Swan (1822), and then consults the Restatement (Second) of Torts. Section 520 of the Restatement sets out six factors for determining when strict liability is appropriate: "Guille is a paradigmatic case for strict liability. (a) The risk (probability) of harm was great, and (b) the harm that would ensue if the risk materialized could be ...
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 ...
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]