The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the

Restatements of the Law In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the ...

, and seeks to inform judges and lawyers about general principles of

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the

Bluebook ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal ...

: "Restatement (Second) of Contracts § ___ (1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of

American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

. Every first-year law student in the United States is exposed to it, and it is a frequently cited

non-binding authority A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law#Disambiguate civil law, Common- ...

in all of U.S.

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

in the areas of contracts and commercial transactions. It is a work without peer in terms of overall influence and recognition among the bar and bench, with the possible exception of the

Restatement of Torts In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the ...

. The

American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...

began work on the second edition in 1962 and completed it in 1979; the version in use at present has a copyright year of 1981. For an explanation of the purpose of a restatement of law, see

Restatement of the Law In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the ...

Use and commentary

Legal scholars and jurists have commented extensively on the Restatement, both in contrasting it with aspects of the first Restatement, and in evaluating its influence and effectiveness in reaching its stated objectives. It is in this context of ''direct review'' that one can find numerous arguments both favoring and criticizing some aspects of the Restatement as an independent source of legal scholarship. Although several sections of the Restatement contained new rules which sometimes contradicted existing law, courts citing these sections have predominantly adopted the Restatement's view, citing them as a court would cite statute or code.Gregory E. Maggs,
Ipse Dixit: The Restatement (Second) of Contracts and the Modern Development of Contract Law
', 66 Geo. Wash. L. Rev. 508 (1998). Far more common, however, is the practice of citing the Restatement to clarify generally accepted doctrine in every major area of contract and commercial law. It is in this context of ''legal research'' that one can find the Restatement used as direct substantiation and

persuasive authority A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...

, to validate the arguments and interpretations of individual legal practitioners.Restitution in the Second "Restatement of Contracts"Joseph M. Perillo''Columbia Law Review'',Vol. 81, No. 1 (Jan., 1981), pp. 37-51 Contracts: Expanded Application of Promissory Estoppel in Restatement of Contracts Section 90: Hoffman v. Red Owl Stores, Inc. ''Michigan Law Review'', Vol. 65, No. 2 (Dec., 1966), pp. 351-358

Legacy

Although the Restatement of Contracts is still an influential academic work, certain aspects have been superseded in everyday legal practice by the

Uniform Commercial Code The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UC ...

. Specifically, the UCC has replaced the Restatement (Second) of Contracts in regard to the sale of goods. The Restatement (Second) of Contracts remains the unofficial authority for aspects of contract law which find their genesis in the common law principles of the United States and, previously, England.

References

{{reflist, 2 United States contract law 1979 in law Legal treatises

Use and commentary

Legacy

See also

References