Also known as: Restatement of the Law · Restatement · Restatements · ALI Restatements · Restatement (Second) · Restatement (Third)
Written by attorneys · grounded in primary & secondary sources — see below
A series of publications by the American Law Institute that organize and articulate common law rules in selected subject fields. Courts often treat the provisions as persuasive authority when deciding unsettled questions.
Roger Ramirez operates a factory near residential homes. A neighbor alleges that emissions from the facility caused respiratory harm. The court examines whether Roger was required to conduct operations so as to avoid subjecting the neighbor to liability for resulting injury.
Rocky Mountain Mining holds an interest in land owned by another party. The company enters the property and removes valuable ore deposits. The court treats the interest as one that confers the right to enter and take substances from the land in possession of another.
Select any source to read its text and confirm it supports the definition.
Raphael Rivera works as a junior broker at a firm. After the firm internally revokes his authority to open new accounts, he still obtains a client's signature on account documents. The court considers whether power arising solely from the agency relation protects the third party harmed by the transaction.
Rina Rahman purchases a defective appliance that malfunctions and injures her. The manufacturer argues intervening events broke the chain of events. The court determines whether the causal sequence from the tortious conduct to the invasion of the protected interest holds the actor responsible absent a defense.
Ryan Roberts grants a neighbor permission to cross his land to reach a public road, and the neighbor installs a permanent driveway in reliance. When Roberts later revokes permission, the court treats the arrangement as an irrevocable license that qualifies as an easement under the applicable definition.
Ricardo Rojas suffers loss when a supplier delivers faulty machinery that disrupts his business operations. The court assesses whether the existence of loss or detriment in fact to a person resulting from any cause satisfies the threshold for recovery.
Restatements carry significant weight because they are drafted by leading scholars and jurists. Courts frequently cite them when no controlling precedent exists in the jurisdiction. Some provisions have been expressly adopted as accurate statements of the law.
Supporting sources
Restatements are secondary authority and do not themselves enact enforceable rules. They summarize and propose common-law principles drawn from case law across jurisdictions. A court may choose to follow a Restatement provision but is never required to do so.
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Many jurisdictions have adopted or heavily relied on Restatement sections in core subjects such as torts, agency, and property. Exam questions often present facts that turn on whether a particular Restatement definition or standard is satisfied.
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…299, 140 So. 439 (1932); compare N. A. A. C. P. v. Alabama , 357 U. S. 449, 454-458. [^maj-6]: See American Law Institute, Restatement of Torts, § 593, Comment b (1938). [^maj-7]: Konigsberg v. State Bar of California , 366 U. S. 36, 49, and n. 10; Times Film Corp. v. City of Chicago , 365 U. S. 43, 48; Roth v. United…