LibGuides: Torts: Restatements

Useful Definitions

General Intent: The intent to perform an act even though the actor does not desire the consequences that result.

Intentional Torts: A tort committed by someone acting with general or specific intent.

Negligent Torts: A tort committed by failure to observe the standard of care required by law under the circumstances.

Specific Intent: The intent to accomplish the precise criminal act that one is later charged with.

Strict Liability: Liability that does not depend on proof of negligence or intent to do harm but that is based instead on a duty to compensate the harms proximately caused by the activity or behavior subject to the liability rule.

All definitions come from Black’s Law Dictionary (11th ed. 2019).

Restatements of the Law

Restatement of the Law of Torts by American Law Institute
Call Number: KF1249.A4 A425
Publication Date: 1934
This first restatement was a project by the American Law Institute to codify and simplify the law. Restatements contain rules, comments, illustrations or fact patterns, and reporter’s notes (case annotations).
Restatement (Second) of Torts (Hein E-book) by American Law Institute
Call Number: KF1249.A4 A427
Publication Date: 1977
“With over 20 volumes, this treatise was originally published in 1965, but these volumes are updated annually.” A Restatement of the Law, Third, Torts exists for: Liability for Physical & Emotional Harm; Apportionment of Liability; Products Liability; Liability for Economic Harm; and Intentional Torts to Persons. “The appendices contain Reporter's Notes, citations to court decisions, as well as cross references to key numbers and ALR annotations.” (Summary from Georgetown Law Library). This restatement is an updated version with new analysis to reflect developments and changes in the law. This revision supersedes the original.
Restatement of the Law -Third, Torts - Products Liability by James A. Henderson; Aaron D. Twerski
Call Number: KF1249.A4 A438
ISBN: 0314231943
Publication Date: 1998-05-01
This restatement “deals with the liability of commercial product sellers and distributors for harm caused by their products.” The work supersedes comparable provisions in the Restatement Second, Torts (summary from American Law Institute).
Restatement of the Law Third, Torts, Liability for Physical and Emotional Harm by American Law Institute Staff (Contribution by)
Call Number: KF1257 .R47 2010
ISBN: 031491790X
Publication Date: 2010-01-01
This restatement “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” (summary from American Law Institute).
Restatement of the Law, Torts--Apportionment of Liability by American Law Institute Staff (Contribution by)
Call Number: KF1249.A4 A429
ISBN: 0314248846
Publication Date: 2000-01-01
—“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” (summary from American Law Institute).

Websites

Torts
Cornell’s Legal Information Institute provides helpful definitions about tort law and gives links to other pertinent sources.
28 U.S.C., Chapter 171- Tort Claims Procedure
Cornell’s Legal Information Institute also provides the text of the Federal Tort Claim Act. This act governs tort claims against the United States federal government.
Tortland
This site collects a variety of interesting tort information, including cases, warning labels, and photos of potential torts.