This work, widely relied upon and often cited by the courts, offers comprehensive and concise coverage of the law of torts, with scholarly and analytical discussion of particular rules. These volumes constitute a revision of the original Restatement of Torts and supersede the original work.
Portions of this work are superseded by the Restatement Third of Torts: Liability for Physical and Emotional Harm (2010/2012), Apportionment of Liability (2000), Products Liability (1998), and Liability for Economic Harm (2020).
Reporters:
William L. Prosser, University of California, Hastings College of Law
John W. Wade, Vanderbilt University School of Law
Associate Reporter for Chapter 41:
Frank J. Trelease, University of the Pacific, McGeorge School of Law
The coverage of Volume 1 includes intentional invasions of interests in personality; privilege arising from consent to intended invasions of interests of personality; defenses of person, land, and chattels-recaption; arrest and prevention of crime; military orders, discipline, and protection of others; invasions of the interest in the exclusive possession of land and its physical condition (trespass on land)...
The coverage of Volume 1 includes intentional invasions of interests in personality; privilege arising from consent to intended invasions of interests of personality; defenses of person, land, and chattels-recaption; arrest and prevention of crime; military orders, discipline, and protection of others; invasions of the interest in the exclusive possession of land and its physical condition (trespass on land); privileged entries on land; intentional invasions of interests in the present and future possession of chattels; privileges intentionally to invade interests in present and future possession of chattels; and causal relation necessary to liability for intentional invasions of interests of personality, land, and chattels.
Division One - Intentional Harms to Persons, Land, and Chattels
Chapter
1. Meaning of Terms Used Throughout the Restatement of Torts
2. Intentional Invasions of Interests in Personality
3. Privilege Arising From Consent to Intended Invasions of Interests of Personality
4. Defenses of Person, Land, and Chattels-Recaption
5. Arrest and Prevention of Crime
6. Military Orders, Discipline, and Protection of Others
7. Invasions of The Interest in The Exclusive Possession of Land and Its Physical Condition (Trespass on Land)
8. Privileged Entries on Land
9. Intentional Invasions of Interests in The Present And Future Possession of Chattels
10. Privileges Intentionally To Invade Interests in Present and Future Possession of Chattels
11. Causal Relation Necessary to Liability For Intentional Invasions of Interests of Personality, Land, and Chattels
Volume 2, Negligence, covers general principles; liability for condition and use of land; liability of persons supplying chattels for the use of others; liability of an employer of an independent contractor; the causal relation necessary to responsibility for negligence; contributory negligence; assumption of risk; negligent invasions of interests in the physical condition of land and chattels; and reckless disregard of safety.
Volume 2, Negligence, covers general principles; liability for condition and use of land; liability of persons supplying chattels for the use of others; liability of an employer of an independent contractor; the causal relation necessary to responsibility for negligence; contributory negligence; assumption of risk; negligent invasions of interests in the physical condition of land and chattels; and reckless disregard of safety.
Division Two – Negligence
Chapter
12. General Principles
13. Liability for Condition and Use of Land
14. Liability of Persons Supplying Chattels for The Use of Others
15. Liability of an Employer of an Independent Contractor
16. The Causal Relation Necessary to Responsibility for Negligence
17. Contributory Negligence
17 A. Assumption of Risk
18. Negligent Invasions of Interests in The Physical Condition of Land And Chattels
19. Reckless Disregard of Safety
Volume 3 covers strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; and interference in domestic relations.
Volume 3 covers strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; and interference in domestic relations.
Division Three – Strict Liability
Chapter
20. Liability of Possessors and Harborers of Animals
21. Abnormally Dangerous Activities
Division Four – Misrepresentation
22. Misrepresentation and Nondisclosure Causing Pecuniary Loss
23. Fraudulent Misrepresentation and Nondisclosure in Miscellaneous Transactions
Division 5 – Defamation
24. Invasions of Interest in Repudiation
25. Defenses to Actions for Defamation
26. Burden of Proof and Function of Judge and Jury in Actions for Defamation
27. Measure of Damages in Actions for Defamation
Division 6 – Injurious Falsehood
28. Injurious Falsehood
Division 6A – Privacy
28A. Invasion of Privacy
Division 7 – Unjustifiable Litigation
29. Wrongful Prosecution of Criminal Proceedings
30. Wrongful Use of Civil Proceedings
31. Abuse of Process
Division 8 – Interference in Domestic Relations
32. Marriage Relation
33. Relation of Parent and Child
Volume 4 covers interference with advantageous economic relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies.
Volume 4 covers interference with advantageous economic relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies.
Division 9 – Interference with Advantageous Economic Relations
37. Interference with Contract or Prospective Contractual Relation
37A. Interference with Other Forms of Advantageous Economic Relations
Division 10 - Invasions of Interests in Land Other Than By Trespass
39. Interests in the Support of Land
40. Nuisance
41. Interference with the Use of Water (“Riparian Rights”)
Division 11 – Miscellaneous Rules
42. Interference with Various Protected Interests
43. Rules Applicable to Certain Types of Conduct
44. Contributing Tortfeasors
Division 12 – Defenses Applicable to All Tort Claims
45. Justification and Excuse
45A. Immunities
46. Discharge
Division 13 – Remedies
47. Damages
48. Injunction
Index