Torts
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 Portions of this work are superseded by the Restatement Third of Torts: Liability for Physical and Emotional Harm (2010/2012), Apportionment of Liability (2000), Products Liability (1998), and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, San Francisco, CA
John W. Wade, Vanderbilt University School of Law, Nashville, TN
Associate Reporter for Chapter 41:
Frank J. Trelease, University of the Pacific, McGeorge School of Law, Sacramento, CA
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. It contains Sections 1 to 280.
Summary of Contents
Division 1. Intentional Harms to Persons, Land, and Chattels
Chapter 1. Meaning of Terms Used Throughout the Restatement of Torts
Chapter 2. Intentional Invasions of Interests in Personality
Topic 1. The Interest in Freedom from Harmful Bodily Contact
Topic 2. The Interest in Freedom from Offensive Bodily Contact
Topic 3. The Interest in Freedom from Apprehension of a Harmful or Offensive Contact
Topic 4. The Interest in Freedom from Confinement
Topic 5. The Interest in Freedom from Emotional Distress
Chapter 3. Privilege Arising from Consent to Intended Invasions of Interests of Personality
Chapter 4. Defenses of Person, Land, and Chattels-Recaption
Topic 1. Self-Defense and Defense of Third Persons
Topic 2. Defense of Actor’s Interest in His Exclusive Possession of Land and Chattels
Topic 3. Defense of the Actor’s Interest in Retaining Possession of Land or Chattels
Topic 4. Use of Force to Take Possession of Land
Topic 5. Forcible Taking of Chattels
Chapter 5. Arrest and Prevention of Crime
Topic 1. Arrest
Title A. Definitions
Title B. Conditions of the Privilege
Subtitle I. In General
Subtitle II. Arrest Under Warrant
Subtitle III. Conditions Applicable Where Arrest is Either With or Without Warrant
Subtitle IV. Harm to Third Persons
Subtitle V. Assisting Third Person to Make Arrest
Topic 2. Privilege to Use Force or Impose Restraint for the Purpose of Preventing the Commission of Crime
Topic 3. Execution of Process
Chapter 6. Military Orders, Discipline, and Protection of Others
Topic 1. Obedience to Orders of Military or Naval Superiors
Topic 2. Privilege to Discipline Children
Topic 3. Privilege Ancillary to Duty of Protection
Chapter 7. Invasions of the Interest in the Exclusive Possession of Land and its Physical Condition (Trespass on Land)
Topic 1. Intentional Entries on Land
Topic 2. Reckless or Negligent Entries on Land and Those Resulting from Extra Hazardous Activities
Topic 3. Accidental Entries on Land
Chapter 8. Privileged Entries on Land
Topic 1. Privileges Arising Out of a Transaction Between the Parties or Their Predecessors
Title A. Consent
Title B. Privileges Based on Past Consent—Irrevocable License
Title C. Privileges Derived from the Actor’s Interest in the Land
Topic 2. Privileges Arising Irrespective of Any Transaction Between the Parties
Topic 3. Collateral Privileges of One Entering Land Under Authority of Law
Topic 4. Effect of Actor’s Misconduct
Chapter 9. Intentional Invasions of Interests in the Present and Future Possession of Chattels
Topic 1. Trespass to Chattels
Topic 2. Conversion
Topic 3. The Interest of the Person Entitled to Future Possession
Topic 4. Effect of Mistake
Topic 5. Return of Chattel in Mitigation of Damages
Topic 6. Effect of Jus Tertii
Chapter 10. Privileges Intentionally to Invade Interests in Present and Future Possession of Chattels
Topic 1. Privileges Arising from Consent
Topic 2. Privileges Arising Irrespective of Consent
Chapter 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. It contains Sections 281 to 503.
Summary of Contents
Division 2. Negligence
Chapter 12. General Principles
Topic 1. The Elements of a Cause of Action for Negligence
Topic 2. The Standard by which Negligence is Determined
Topic 3. Determination of Standard of Conduct
Title A. Function of Legislation
Title B. Factors Important in Determination of Standard of Reasonable Conduct
Topic 4. Types of Negligent Acts
Topic 5. Misrepresentations Threatening Physical Harm
Topic 6. Conduct Negligent Because Intended or Likely to Cause Physically Dangerous Emotional Distress
Topic 7. Duties of Affirmative Action
Title A. Duty to Control Conduct of Third Persons
Title B. Duty to Aid Others and Services Gratuitously Rendered or Undertaken
Topic 8. Prevention of Assistance by Third Persons
Topic 9. Proof of Negligence and Functions of Court and Jury
Chapter 13. Liability for Condition and Use of Land
Topic 1. Liability of Possessors of Land to Persons on the Land
Title A. Definitions
Title B. Liability of Possessors of Land to Trespassers
Title C. General Liability of Possessors of Land to Licensees and Invitees
Title D. Special Liability of Possessors of Land to Licensees
Title E. Special Liability of Possessors of Land to Invitees
Title F. Liability of Possessors of Land to Persons Entering in the Exercise of a Privilege and Independently of Possessor’s Consent
Topic 2. Liability of Vendors and Other Transferors of Land to Persons on the Land
Topic 3. Liability of Lessors of Land to Persons on the Land
Topic 4. Liability for Natural Conditions to Persons Outside of the Land
Topic 5. Liability of Possessors to Persons Outside of the Land
Title A. Liability for Condition of Land and Structures Thereon
Title B. Liability for Activities Carried on Upon the Land
Topic 6. Liability of Vendors and Other Transferors to Persons Outside of the Land
Topic 7. Liability of Lessors to Persons Outside of the Land
Topic 8. Liability of Persons Other Than a Possessor, Vendor, or Lessor
Chapter 14. Liability of Persons Supplying Chattels for the Use of Others
Topic 1. Rules Applicable to All Suppliers
Topic 2. Persons Supplying Chattels to be Used for Their Business Purposes
Topic 3. Manufacturers of Chattels
Topic 4. Sellers of Chattels Manufactured by Third Persons
Topic 5. Strict Liability
Topic 6. Independent Contractors
Topic 7. Donors, Lenders, and Lessors of Chattels
Chapter 15. Liability of an Employer of an Independent Contractor
Topic 1. Harm Caused by Fault of Employers of Independent Contractors
Topic 2. Harm Caused by Negligence of a Carefully Selected Independent Contractor
Chapter 16. The Causal Relation Necessary to Responsibility for Negligence
Topic 1. Causal Relation Necessary to the Existence of Liability for Another’s Harm
Title A. General Principles
Title B. Rules Which Determine the Responsibility of a Negligent Actor for Harm which His Conduct is a Substantial Factor in Producing
Title C. Superseding Cause
Topic 2. Causal Relation Affecting the Extent of Liability but not its Existence
Topic 3. Causal Relation Necessary to Make Actor’s Conduct Contributory Negligence
Chapter 17. Contributory Negligence
Topic 1. General Principles
Topic 2. When Bar to Action
Topic 3. When No Bar to Action
Topic 4. Contributory Negligence of Third Persons: Imputed Negligence
Topic 5. Failure to Control Conduct of Third Persons
Chapter 17 A. Assumption of Risk
Chapter 18. Negligent Invasions of Interests in the Physical Condition of Land and Chattels
Chapter 19. Reckless Disregard of Safety
Volume 3 covers strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; and interference in domestic relations. It contains Sections 504 to 707A.
Summary of Contents
Division 3. Strict Liability
Chapter 20. Liability of Possessors and Harborers of Animals
Topic 1. Trespass by Livestock
Topic 2. Harm Caused by Animals Otherwise than by Trespass by Livestock
Chapter 21. Abnormally Dangerous Activities
Division 4. Misrepresentation
Chapter 22. Misrepresentation and Nondisclosure Causing Pecuniary Loss
Topic 1. Fraudulent Misrepresentation (Deceit)
Title A. Fraudulent Character of Misrepresentation
Title B. Expectation of Influencing Conduct
Title C. Justifiable Reliance
Title D. Causation
Title E. Damages for Fraudulent Misrepresentation
Topic 2. Concealment and Nondisclosure
Topic 3. Negligent Misrepresentation
Topic 4. Innocent Misrepresentation
Chapter 23. Fraudulent Misrepresentation and Nondisclosure in Miscellaneous Transactions
Division 5. Defamation
Chapter 24. Invasions of Interest in Repudiation
Topic 1. Elements of a Cause for Action for Defamation
Topic 2. Defamatory Communications
Topic 3. Types of Defamatory Communication
Topic 4. Forms of Defamatory Communications
Topic 5. Defamation Actionable Irrespective of Special Harm (Defamation Actionable per se)
Topic 6. Defamatory Communications Causing Special Harm
Topic 7. Publication of Defamatory Matter
Topic 8. Requirement of Fault
Topic 9. Truth
Chapter 25. Defenses to Actions for Defamation
Topic 1. Truth
Topic 2. Absolute Privileges
Title A. Consent
Title B. Absolute Privilege Irrespective of Consent
Topic 3. Conditional Privileges
Title A. Occasions Making a Publication Conditionally Privileged
Subtitle I. General Requirements
Subtitle II. Factors Determining the Existence of a Conditional Privilege Arising from an Occasion
Subtitle III. Abuse of Privilege
Title B. Privileged Criticism (“Fair Comment”)
Title C. Special Types of Privilege
Chapter 26. Burden of Proof and Function of Judge and Jury in Actions for Defamation
Topic 1. Burden of Proof
Topic 2. Function of Court and Jury
Chapter 27. Measure of Damages in Actions for Defamation
Division 6. Injurious Falsehood
Chapter 28. Injurious Falsehood
Topic 1. General Principle
Topic 2. Disparagement of Property in or Quality of Land, Chattels and Intangible Things
Topic 3. Rules Applicable to All Publication of Injurious Falsehood
Topic 4. Privileges to Publish Injurious Falsehood
Topic 5. Burden of Proof and Functions of Court and Jury
Division 6A. Privacy
Chapter 28A. Invasion of Privacy
Division 7. Unjustifiable Litigation
Chapter 29. Wrongful Prosecution of Criminal Proceedings
Topic 1. General Principles
Topic 2. Termination of Proceedings
Topic 3. Probable Cause
Topic 4. Purpose
Topic 5. Damages
Topic 6. Burden of Proof and Function of Court and Jury
Chapter 30. Wrongful Use of Civil Proceedings
Chapter 31. Abuse of Process
Division 8. Interference in Domestic Relations
Chapter 32. Marriage Relation
Topic 1. Direct Interference with Marriage Relation
Topic 2. Indirect Interference with Marriage Relation
Topic 3. Premarital Relations
Chapter 33. Relation of Parent and Child
Topic 1. Direct Interference with Relation
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. It contains Sections 708-951 (End).
Summary of Contents
Division 9. Interference with Advantageous Economic Relations
Chapter 34. The Privilege to Engage in Business [omitted]
Chapter 35. Confusion of Source [omitted]
Chapter 36. Miscellaneous Trade Practices [omitted]
Chapter 37. Interference with Contract or Prospective Contractual Relation
Chapter 37A. Interference with Other Forms of Advantageous Economic Relations
Chapter 38. Labor Disputes [omitted]
Division 10. Invasions of Interests in Land Other Than By Trespass
Chapter 39. Interests in the Support of Land
Topic 1. Withdrawing Lateral Support
Topic 2. Withdrawing Subadjacent Support
Chapter 40. Nuisance
Topic 1. Types of Nuisance
Topic 2. Private Nuisance: Elements of Liability
Topic 3. Invasions Resulting from the Pollution or Interference with Flow of Waters
Topic 4. Persons Liable
Title A. Liability Resulting from Active Conduct
Title B. Liability Resulting from Failure to Act
Topic 5. Defenses
Chapter 41. Interference with the Use of Water (“Riparian Rights”)
Topic 1. Definitions
Topic 2. Interference by Means Other Than Use of Water
Topic 3. Interference with the Use of Water-Courses and Lakes by Use of the Water
Topic 4. Interference with the Use of Ground Water
Topic 5. Interference with the Use of Surface Water
Division 11. Miscellaneous Rules
Chapter 42. Interference with Various Protected Interests
Chapter 43. Rules Applicable to Certain Types of Conduct
Chapter 44. Contributing Tortfeasors
Division 12. Defenses Applicable to All Tort Claims
Chapter 45. Justification and Excuse
Chapter 45A. Immunities
Chapter 46. Discharge
Division 13. Remedies
Chapter 47. Damages
Topic 1. General Statements
Topic 2. Diminution of Damages
Topic 3. Compensatory Damages for Specific Types of Harm
Chapter 48. Injunction
Topic 1. Appropriateness of Injunction
Topic 2. Relative Adequacy of Other Remedies in Comparison with Injunction
Index