When was the first restatement of torts published

Relation of Parent and Child. Volume 4 covers interference with advantageous economic relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies. Division 9 — Interference with Advantageous Economic Relations Interests in the Support of Land Nuisance Division 11 — Miscellaneous Rules Interference with Various Protected Interests Rules Applicable to Certain Types of Conduct Contributing Tortfeasors.

Justification and Excuse 45A. Immunities Restatement of the Law Second,. More details and content summary. Shop individual parts.

Volumes Appendices Pocket Parts. Volume 1. Volume 2. Volume 3. Volume 4. Covering Volume 2, Sections — Covering Volume 2, Sections A— They reflected changes in legal scholarship and the courts in the post-World War II era.

Perhaps the most notable example of the reformist character of the Second Restatements is Section A of the Restatement Second of Torts, which imposed strict liability for defective products. William Prosser, the Reporter for the Second Restatement, had advocated for strict liability for defective products. However, there was no case that applied strict liability generally.

Just as the project was about to be approved — without a general strict liability provision — Traynor authored an opinion, Greenman v. Yuba Power Products, Inc. Prosser then produced a new draft and the ALI accepted it. Notwithstanding the scant support for Section A, it was readily adopted by courts across the country, including the Court of Appeals of Maryland. Justice Scalia said:.

I write separately to note that modern Restatements—such as the Restatement Third of Restitution and Unjust Enrichment , which both opinions address in their discussions of the disgorgement remedy—are of questionable value, and must be used with caution. Restatement sections such as that should be given no weight whatever as to the current state of the law, and no more weight regarding what the law ought to be than the recommendations of any respected lawyer or scholar. And it cannot safely be assumed, without further inquiry, that a Restatement provision describes rather than revises current law.

Kansas v. Nebraska , S. The distinction between the First and Second Restatements is not as drastic as Justice Scalia suggested. More importantly, the Second Restatements largely have been accepted by the courts. Thus, with a few notable exceptions, the Restatements — First, Second and Third — are a good predictor of what a court will do if there is no controlling precedent and a good support for making an argument that controlling precedent should be changed if it conflicts with the Restatement rule.

The Court of Appeals of Maryland began citing the Restatements even before they were in final form. See, e. Schiller v. Hecht Co. Fahey , Md. Galy , Md. Further, federal courts will look to Restatements when trying to predict what a state supreme court or, in the case of Maryland, the Court of Appeals will do when there is no controlling precedent. Even Justice Scalia cited newer Restatements with approval in his opinions.

Not all Restatements are created equally. For example, among the Second series of Restatements, the Restatement Second of Conflicts of Laws has had significantly less acceptance than other Restatements.

Maryland has clung to the First Restatement of Conflict of Laws. As Professor William L. The Restatements are a good source of information about the law. Depending upon your position in a case, the Restatement can be good support for a position where there is no controlling precedent or you wish to change controlling precedent. Select case citation sources to Torts 3d : Liability for Economic Harm may include citations to superseded sections of the second series of the Restatement of Torts and their counterparts in the first series of the Restatement of Torts.

Use the Parallel Tables to find the corresponding section numbers between series of Restatements. Volume 1 of the Restatement of the Law, Third, Torts: Liability for Physical and Emotional Harm was published in and volume 2 was published in Select case citation sources to Torts 3d : Apportionment of Liability may include case citations to superseded sections in Chapters 16, 17, 17A, and 44 of the second series of the Restatement of Torts and their counterparts in the first series of the Restatement of Torts.

Volumes 1 and 2 of the second series of Torts were published in Volume 3 was published in and volume 4 was published in Select case citation sources to the second series of the Restatement of Torts may include case citations to the first series of Restatement of Torts. Select case citation sources may include case citations to the second series of Restatement of Torts with the third series of the Restatement of Torts. Volumes 1 and 2 of the first series of Torts were published in Select case citation sources may include case citations to the first series of the Restatement of Torts with the second and third series of the Restatement of Torts.

See the Annotations page of this guide for more information about finding case citations. For more information about the different Restatement series, see the About the Restatements page of this guide. The two prior installments are Products Liability and Apportionment of Liability