Legal Definitions - Restatement

A Restatement is a highly influential legal publication created by the American Law Institute (ALI), an organization composed of prominent judges, lawyers, and legal scholars. These publications aim to clarify, organize, and sometimes propose improvements to the common law in specific areas, such as contracts, torts, or property law.

Think of a Restatement as a comprehensive, scholarly guide that summarizes existing judicial decisions and identifies prevailing trends and principles in a particular field of law. They are structured with clear "black-letter rules," followed by detailed comments, illustrations, and notes from the legal experts who drafted them.

While Restatements are not actual laws passed by a legislature or court, they are frequently cited by judges and lawyers as persuasive authority. This means that courts often look to Restatements for guidance when interpreting or applying legal principles, especially in areas where the law might be unclear or evolving. A specific provision from a Restatement only becomes legally binding in a particular jurisdiction if that jurisdiction's highest court formally adopts it as part of its own law.

Here are some examples of how Restatements are used:

• Contract Dispute Resolution: Imagine a small business owner enters into a complex agreement with a supplier. A dispute arises over whether a specific promise made during negotiations, but not explicitly written in the final contract, is legally enforceable. The judge presiding over the case might consult the Restatement (Second) of Contracts. This Restatement provides "black-letter rules" and detailed comments on topics like "promissory estoppel" or the "parol evidence rule." Even if the state hasn't formally adopted that specific section, the judge could find the Restatement's explanation of contract formation and interpretation highly persuasive in deciding whether the unwritten promise should be considered part of the agreement.

  This example illustrates how a Restatement helps clarify complex contract principles and guides judicial reasoning, even without being binding law, by providing a respected summary of legal thought.

• Defining Negligence in a Personal Injury Case: A person slips and falls in a grocery store, sustaining an injury. Their lawyer argues the store was negligent for not cleaning up a spill promptly. In preparing their case, both the plaintiff's and defendant's lawyers might refer to the Restatement (Third) of Torts: Liability for Physical and Emotional Harm. This Restatement outlines the elements of negligence, including the duty of care owed by property owners to visitors. It provides a structured framework and common understanding of what constitutes "reasonable care" in such situations, helping the lawyers build their arguments and the judge understand the prevailing legal standards.

  This demonstrates how a Restatement provides a widely accepted framework for understanding and applying legal concepts like negligence in personal injury cases, offering a common reference point for legal professionals.

• Clarifying Property Rights: Two neighbors are in a disagreement over the right to use a shared driveway that crosses one neighbor's property to access the other's garage. The original property deeds are unclear on the exact nature of this arrangement. A court trying to resolve this dispute might look to the Restatement (Third) of Property: Servitudes. This Restatement offers comprehensive definitions and principles regarding "easements" (the legal right to use another's land for a specific purpose) and other "servitudes." The court could use the Restatement's analysis to interpret the ambiguous deed language, determine if an easement was implicitly created, and define the scope of the neighbors' respective rights and obligations regarding the shared driveway.

  This example shows how a Restatement helps courts clarify complex property rights and resolve ambiguities by providing a structured and authoritative summary of property law principles.