Also known as: Restatement Third · Restatements (Third) · Third Restatement · ALI Restatement (Third)
Written by attorneys · grounded in primary & secondary sources — see below
A series of model rules and principles issued by the American Law Institute to clarify, modernize, and restate common-law doctrines.
Roland Rhodes sold his mortgaged beachfront resort to Silver Hotels. The deed recited that the transfer was subject to the existing mortgage. After Silver defaulted, the mortgagee sought a deficiency judgment against Roland. Because the mortgagee never granted Roland an express release and no suretyship defense arose, Roland remained personally liable on the original obligation.
Ricardo Rojas sued a tubing manufacturer after lightning damaged his home through allegedly defective CSST piping. The court applied the risk-utility test drawn from the Restatement (Third) of Torts to decide whether the product was defective and whether the manufacturer could be held strictly liable.
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Riley Rivera alleged that her employer retaliated after she complained of discrimination. The court required her to prove that the complaint was the but-for cause of the adverse action, applying the causation framework endorsed in the Restatement (Third) of Employment Law.
Ralph Richardson opened a restaurant using a distinctive decor and layout copied from an established chain. The court held that the overall appearance could qualify for protection without proof of secondary meaning, following the approach outlined in the Restatement (Third) of Unfair Competition.
Rajesh Rao was injured when his vehicle rolled over. He claimed the design was defective. The court evaluated whether the product was unreasonably dangerous by balancing risks and benefits under the standard set forth in the Restatement (Third) of Torts: Products Liability.
Ravi Reddy challenged a homeowners association decision to use a particular termite treatment. The court deferred to the board's choice among reasonable alternatives, applying the business-judgment rule articulated in the Restatement (Third) of Property: Servitudes.
The transferor remains personally liable unless the mortgagee grants an express release or a suretyship defense applies under the Restatement Third of Suretyship and Guaranty.
No. The Restatement (Third) of Torts: Products Liability uses a risk-utility test that may consider alternative designs but does not mandate such proof as an essential element in every jurisdiction.
A default or conduct creating an unreasonable risk of default gives the transferor a direct right of action for exoneration or specific performance even before the transferor has paid the mortgagee.
A seller has a post-sale duty to warn when it knows or should know of a substantial risk that was not reasonably knowable at sale and the risk justifies the burden of providing a warning.
…provisions that, within the bounds of the law, might more narrowly circumscribe association or board discretion. Citing Restatement Third of Property, Servitudes, Tentative Draft No. 7,[^maj-9] plaintiff suggests that deference to community association discretion will undermine individual owners’ previously discussed right,…