Restatement of Tort Law: Outline

Author: American Law Institute
Publisher:
Publication Date: 2006-08-01
Features: The initial Restatement of Torts began compilation in 1923—shortly after the American Law Institute was founded 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. For several subsequent years, the principal reporter for the work was Professor Francis H. Bohlen of the University of Pennsylvania, although there were seven assistant reporters who drafted portions 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 its provisions in light of subsequent legal developments, and often expanding them. The Restatement Second of Torts, 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 reporters of the Restatement Second of Torts were two scholars who became among the most renowned tort scholars of the 20th century: Professor William L. Prosser of the University of California at Hastings College of the Law and Professor John W. Wade of Vanderbilt University. The initial compilation was almost entirely the work of Prosser, and the first nineteen chapters were approved and published by the Institute while he was still serving as reporter. 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 American Law Institute was founded 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. For several subsequent years, the principal reporter for the work was Professor Francis H. Bohlen of the University of Pennsylvania, although there were seven assistant reporters who drafted portions 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 that are included) have been retained. Appendices A to C include complete bibliographies 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 cited in them, compiled by the Institute. These summaries are included in the "Appendix" volumes of the respective Restatements, showing to what extent these Restatements have influenced tort law in various jurisdictions in the United States.