Also known as: Restatement (Second) · Restatement Second · Restatement 2d · 2nd Restatement · ALI Second Restatement
Written by attorneys · grounded in primary & secondary sources — see below
An authoritative compilation of common law principles governing contracts that supplies an exception to the Statute of Frauds when a party justifiably relies on an agreement intended to create a servitude.
Steven Silva orally agreed to grant Stonehaven Properties an access easement across his land in exchange for a reduced purchase price on an adjacent parcel. Stonehaven Properties relied on the agreement by building a road and installing utilities before any writing was executed. When Steven Silva later refused to honor the easement, a court applied the reliance exception from the Second Restatement to enforce the benefit against him.
Alice Rivera orally promised neighbor Ben Torres a right of way over her lot to reach a newly purchased back parcel. Torres cleared the path and built a driveway in reliance before any deed was recorded. When Rivera later denied the easement, a court applied the reliance exception from the Second Restatement to enforce the benefit against her.
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Carlton Hayes orally granted his cousin Dana Ellis permission to use a private road for access to her new home. Ellis installed gravel and fencing in reliance on the promise. When Hayes later revoked permission, a court applied the reliance exception from the Second Restatement to protect the benefit.
Evan Morales orally agreed to let Fiona Nash cross his acreage to reach a public trail in exchange for help maintaining a fence. Nash purchased equipment and began work in reliance. When Morales later refused access, a court applied the reliance exception from the Second Restatement to enforce the benefit.
George Owens orally promised to allow Hilda Price to drain stormwater across his field to avoid flooding her lower lot. Price installed pipes and grading in reliance before any writing. When Owens later blocked the flow, a court applied the reliance exception from the Second Restatement to enforce the benefit.
Irene Quinn orally agreed to let neighbor Jack Reyes use two parking spaces on her commercial lot in exchange for shared maintenance costs. Reyes resurfaced the area and marked spaces in reliance. When Quinn later denied access, a court applied the reliance exception from the Second Restatement to enforce the benefit.
The Second Restatement supplies an exception to the Statute of Frauds when the beneficiary justifiably relies on the agreement and changes position so that injustice can be avoided only by enforcement.
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The Second Restatement presumes application of the law of the place of injury but allows displacement when another state has a more significant relationship to the issue and parties.
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The Second Restatement recognizes a duty when a special relationship exists between the therapist and the dangerous patient, requiring reasonable care to protect foreseeable victims.
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…of defendant therapists to either Tatiana or Poddar will suffice to establish a duty of care; as explained in section 315 of the Restatement Second of Torts, a duty of care may arise from either "(a) a special relation ... between the actor and the third person which imposes a duty upon the actor to control the third person's conduct,…