Restatement of Torts - Outline

Author: Albert C. Tytler
Publisher:
Publication Date: 2006-08-01
Features: The initial Restatement of Torts began compilation in 1923—shortly after the establishment of the American Law Institute earlier that year. Thus, along with the Restatement of Agency and the Restatement of Contracts, the Restatement of Torts was one of the Institute's earliest projects. Over the following years, the reportor fully responsible for the work was Professor Francis H. Bohlen of the University of Pennsylvania, although there were seven assistant reportors who drafted certain chapters of the Restatement. The final volume (Volume IV) of the Restatement was published in 1939. Sixteen years later, in 1955, the Institute returned to the topic of torts, reviewing and reflecting on all aspects of the initial Restatement, restating and often expanding its provisions based on subsequent legal developments. The Restatement of Torts, Second Edition, which took 24 years to complete, ultimately fully replaced the original Restatement; therefore, no chapters from the original Restatement are included in this book. The reportors of the Restatement of Torts, Second Edition were two scholars who became among the most renowned tort law experts of the 20th century: Professor William L. Prosser of the Hastings College of the Law at the University of California and Professor John W. Wade of Vanderbilt University. The initial compilation work was almost entirely done by Prosser, and the first nineteen chapters were approved and published by the Institute while he was still serving as reportor. After Prosser resigned in 1970, Wade took on the responsibility of revising the remaining chapters drafted by Prosser, submitting them to the Institute for approval, and overseeing their publication. The initial Restatement of Torts began compilation in 1923—shortly after the establishment of the American Law Institute earlier that year. Thus, along with the Restatement of Agency and the Restatement of Contracts, the Restatement of Torts was one of the Institute's earliest projects. Over the following years, the reportor fully responsible for the work was Professor Francis H. Bohlen of the University of Pennsylvania, although there were seven assistant reportors who drafted certain chapters of the Restatement. The final volume (Volume IV) of the Restatement was published in 1939. For further research, citations referring to chapters not included in this book (as well as those included) are retained. Appendices A to C include the complete table of contents of the three Restatements quoted in this book. Through these appendices, interested researchers can see the full scope of the content covered by these Restatements. These Restatements can also be found in libraries and online, along with summaries of all cases citing them, compiled by the Institute. These summaries are included in the "Appendix" volumes of the relevant Restatements, indicating the extent to which these Restatements have influenced tort law in various jurisdictions in the United States.