Torts Restatements Forum

[jjlaw]

Quick question about Torts Restatements, particularly the Third -- Can I find a collection of these in hornbooks? They are sprinkled throughout my textbook, but it would be helpful if I could find a place with most, if not all, of the BLL in Torts.

Thanks.

[kalvano]

Why not just buy the Restatement? It's only $10 or $15 on Half.

[UML]

Go to westlaw next. click on secondary sources, then restatements, then torts....bam... everything's there.

[VA Politco]

Just FYI, the 3rd Restatement of Torts is broken up into far more parts than the previous Restatements, and any versions of the 3rd you find on Westlaw or Lexis will be the tentative drafts. The final versions of many of the chapters won't be out for a little while...

[shoeshine]

I don't know about your professor but I would probably only use the second restatement. Yes, parts of it are outdated but the third has not been fully adopted and accepted like the second was.

Learning the text from the third is waste of time. The reason the second is helpful is because many courts and opinions have treated as BLL and quoted it directly.

[OklahomasOK]

Go to westlaw next. click on secondary sources, then restatements, then torts....bam... everything's there.

Saved me many trips to the library. Thanks.

[VA Politco]

I don't know about your professor but I would probably only use the second restatement. Yes, parts of it are outdated but the third has not been fully adopted and accepted like the second was.

Learning the text from the third is waste of time. The reason the second is helpful is because many courts and opinions have treated as BLL and quoted it directly.

I mean, this is sort of correct. The 3rd is supposed to (and does, in many cases) reflect the trends and majority views in many jurisdictions. While this is not always the case, plenty of courts already quote the 3rd, just as they did the 2nd. Like I said above, don't rely on everything that is on Westlaw, as the 3rd will still be changed somewhat, but plenty of things in the 3rd have replaced the 2nd in many jurisdictions.

[buckilaw]

You can find both the third and second on Westlaw Next. In some cases the changes in the third restatement reflect trends in the law. In other cases it really doesn't, this is why your casebook quotes the 2nd and 3rd. You ought to look at both the second and the third, if only because your professor probably doesn't prefer one wholesale to the other. It is worth mentioning that on Westlaw Next the 2nd restatement is organized better than the 3rd so it's generally easier to find what you are looking for in the 2nd.