Restatement of the Law Second, Torts constitutes a revision of the original Restatement of Torts and supersedes the original work. Portions of the Restatement of the Law Second are superseded by the Restatement Third of Torts: Liability of Physical and Emotional Harm (2010), Apportionment of Liability (2000), and Products Liability (1998).
Volumes 1 through 4 are the main volumes. The remaining 26 volumes are Appendix volumes containing Reporter's Notes, case citations, and cross-references. Cumulative annual pocket parts update the most recent Appendix volumes.
The coverage of Volume 1 includes intentional invasions of interests in personality; privilege arising from consent to intended invasions of interests of personality; defenses of person, land, and chattels-recaption; arrest and prevention of crime; military orders, discipline, and protection of others; invasions of the interest in the exclusive possession of land and its physical condition (trespass on land); privileged entries on land; intentional invasions of interests in the present and future possession of chattels; privileges intentionally to invade interests in present and future possession of chattels; and causal relation necessary to liability for intentional invasions of interests of personality, land, and chattels.
Volume 2, Negligence, covers general principles; liability for condition and use of land; liability of persons supplying chattels for the use of others; liability of an employer of an independent contractor; the causal relation necessary to responsibility for negligence; contributory negligence; assumption of risk; negligent invasions of interests in the physical condition of land and chattels; and reckless disregard of safety.
Volume 3 covers strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; and interference in domestic relations.
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.
This project addresses the basic elements of the tort action for liability for accidental personal injury and property damage and for liability for emotional harm. The work supersedes comparable provisions in the Restatement Second, Torts.
Responding to the nearly universal adoption of comparative liability and completely superseding the comparable provisions in the Restatement Second of Torts, this landmark work formulates clear principles of law governing apportionment of liability in cases when account must be taken of:
· Conduct by more actors than a single plaintiff and single defendant,
· Different degrees of blameworthiness,
· The effect on parties with derivative claims, or
· Different tort claims (e. g. strict liability, negligence, and intent) against different defendants in the same case.
The text deals with many issues that have not yet been fully analyzed in judicial decisions or in academic literature and for which there is no commonly accepted doctrine and explores alternative bases for appropriate resolution. It includes consideration of all present systems of joint and several liability, as well as of hybrid versions of the two. The Restatement presents a complicated and challenging subject in lucid terms and provides thoughtful and coherent guidance to all who practice in this increasingly complex and evolving area of tort law. The volume is updated annually by a cumulative pocket part, which also contains citations to relevant superseded sections of the first and second Restatements of Torts.
This Restatement, which deals with the liability of commercial product sellers and distributors for harm caused by their products, was the first segment to be completed of the Institute's long-term undertaking to revise and update the Restatement Second of Torts. Completely superseding § 402A of Restatement Second, promulgated in the mid 1960s, this monumental work comprehensively covers the complex field of products liability. The text responds to issues that have become points of serious contention in the courts but were not part of the products liability landscape when the earlier provision was adopted in 1964.
Three decades after the Institute revolutionized products liability law with its formulation of § 402A, it concluded the time was ripe to revisit and reconsider the subject in light of subsequent developments. This Restatement represents a thorough reformulation and expansion of § 402A and related sections of Restatement Second, which will enable practitioners in the field to analyze the issues confronting them with greater sophistication than afforded by the previous Restatement. Especially notable are the careful separation of product defect into distinct categories and the development of separate rules for special products and product markets. Also covered in detail is liability of product sellers not based upon defects at the time of sale, including liability for post-sale failure to warn, and successor liability.
Responding to the need to provide both reasonable protection for the interests of consumers and workers and practicable standards of conduct for those who produce goods, this Restatement articulates clearer answers to the question of whether a product is defective by formulating three distinct categories of product defect and the legal standards appropriate to each:
· Manufacturing Defects - when the product departs from its intended design, even if all possible care was exercised.
· Design Defects - when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design, and failure to use the alternative design renders the product not reasonably safe.
· Inadequate Instructions or Warnings Defects - when the foreseeable risks of harm posed by the product could have been reduced or avoided by reasonable instructions or warnings, and their omission renders the product not reasonably safe.
The work also develops special rules for component parts, prescription drugs and medical devices, food, and used products.
This authoritative Restatement, the product of several years of intense study and review by an eminent body of practitioners, judges, and scholars, furnishes extensive guidance to all who practice in the increasingly controversial area of products liability law. It is divided into four Chapters:
Chapter 1 sets forth the rules that govern the liability of commercial product sellers based on product defects at the time of sale. The Chapter is divided into two Topics. Topic 1 covers liability rules applicable to products generally, while Topic 2 encompasses the liability rules applicable to special products or product markets (component parts, drugs, food products, and used products).
Chapter 2 covers the liability of commercial product sellers or distributors for harm not based on product defects at the time of sale. It treats harm caused by misrepresentation, post-sale failure to warn, and post-sale failure to recall products.
Chapter 3 deals with the liability of a successor to the business of a product seller, as well as the liability of an apparent manufacturer. It covers liability for harm caused by defective products sold commercially by a predecessor, for a successor's own post-sale failure to warn, and for selling or distributing as one's own a product manufactured by another.
Chapter 4 is divided into three Topics and sets forth provisions of general applicability. Topic 1, Causation, presents the general rule governing causal connections between product defect and harm, including increased harm resulting from the defect. Topic 2, Affirmative Defenses, deals with apportionment of responsibility between or among plaintiff, sellers and distributors of defective products, and others, as well as with disclaimers, limitations, waivers, and other contractual exculpations as defenses to products liability claims for harm to persons. Topic 3, Definitions, clarifies the scope and meaning of the terms "product," "one who sells or otherwise distributes," and "harm to persons or property."