Restatement of the Law

Restatement of the Law

n. a series of detailed statements of the basic law in the United States on a variety of subjects written and updated by well-known legal scholars under the auspices of the American Law Institute since the 1930s. While not having the force of statutes or of decided precedents, the Restatement (as lawyers generally call it) has the prestige of the scholars who have studied the legal questions. Topics covered include agency, contracts, property, torts and trusts.

References in periodicals archive ?
OLPR recognizes the Restatement of the Law Governing Lawyers as authoritative.
Case law generally, and the American Law Institute's new Restatement of the Law, Liability Insurance specifically, requires an insurer to prove it was prejudiced from the policyholder's alleged lack of cooperation.
The Restatement of the Law of Liability Insurance creates rules pertaining to all aspects of liability insurance law--including interpretation, duty to defend, duty to settle, application of limits and retentions, waiver, trigger and allocation, and bad faith.
Court of Appeals for the Second Circuit, denounced the Restatement of the Law of Contracts as having "the rigidity of a code .
In addition, we will address the Restatement of the Law Second, Torts (3) and the Restatement of Law Third, Torts--Products Li ability.
In addition, we will address the Restatement of the Law Second, Torts3 and the Restatement of Law Third, Torts - Products Liability.
The first Restatement of the Law of Restitution, (7) and Palmer's four-volume treatise, (8) each give substantial weight to the historic division between law and equity and to the historic scope of quasi-contract.
American Law Institute, Restatement of the Law Third: Restitution and Unjust Enrichment, 2 vols (St Paul, Minn: American Law Institute, 2011), pp xxxvi, 670; pp xxxii, 745.
In 1937, following a period in which the most notable English contribution to the subject may have been Scrutton LJ's oft-quoted remark in Holt v Markham, (11) the American Law Institute published the Restatement of the Law of Restitution ('First Restatement'), (12) for which Professors Austin Scott and Warren Seavey were the reporters.
This third edition text also includes 20 appendices, including documents pertaining to the restatement of the law governing lawyers, special reports by the TriBar Opinion Committee regarding bankruptcy and other topics, and the ABA committee on audit responses.
All relevant fiduciary standards--including the 1974 Employee Retirement Income Security Act (ERISA), the 1994 Uniform Prudent Investor Act (UPIA), the 1997 Uniform Management of Public Employee Retirement Systems Act (UMPERSA), the 2006 Uniform Prudent Management of Institutional Funds Act (UPMIFA), and the 2002 Restatement of the Law Third, Trusts: Prudent Investor Rule--have embedded language suggesting that passive investment strategies, such as index funds, asset class funds, and exchange traded funds (ETF), are the appropriate implementation of a fund's investment policy.
6) AMERICAN LAW INSTITUTE, 1 RESTATEMENT OF THE LAW THIRD: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 391 (1987).