Research guides

Restatement of Torts

Annotations

The Restatement of the Law, Third, Torts: Liability for Economic Harm was published in 2020.

Volume 1 of the Restatement of the Law, Third, Torts: Liability for Physical and Emotional Harm was published in 2010 and volume 2 was published in 2012.

The Restatement of the Law, Third, Torts: Apportionment of Liability was published in 2000. Select case citation sources to Torts (3d): Apportionment of Liability may include case citations to superseded sections in Chapters 16, 17, 17A, and 44 of the second series of the Restatement of Torts and their counterparts in the first series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

The Restatement of the Law, Third, Torts: Products Liability was published in 1998. Select case citation sources to Torts (3d): Products Liability may include case citations to §§ 402A-402B of the second series of the Restatement of Torts.

Volumes 1 and 2 of the second series of Torts were published in 1965. Volume 3 was published in 1977 and volume 4 was published in 1979. Chapters 34-36, 38 (§§ 708-761, 775-816) of the first series were omitted from the second series (see Division 9: Introductory Note to Restatement (Second) Torts, at 1-2 (vol. 4, 1979) for more information). Select case citation sources to the second series of the Restatement of Torts may include case citations to the first series of Restatement of Torts. Select case citation sources may include case citations to the second series of Restatement of Torts with the third series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Volumes 1 and 2 of the first series of Torts were published in 1934. Volume 3 was published in 1938 and volume 4 was published in 1939. Select case citation sources may include case citations to the first series of the Restatement of Torts with the second and third series of the Restatement of Torts. Use the Parallel Tables to find the corresponding section numbers between series of Restatements. Select case citation sources may include case citations to §§ 708-761 of the first series of the Restatement of Torts with the Restatement, Third: Unfair Competition.

See below for more information on finding case annotations to all three series of the Restatement of Torts.

Understanding Restatement Annotations

Compiled case annotations to the Restatements can be useful tools to determine how a Restatement provision has been applied by a particular court. These annotations are available in print, on the member database HeinOnline, and on the library's Westlaw computers.

In print, case annotations can be found in pocket parts, cumulative supplements, appendices, and interim case citation pamphlets. Pocket parts are published annually and placed in the back inside "pocket" of the Restatement. Pocket parts include annotations that have cited the provisions found in that volume. Corrections to the Restatement volume are also found in the pocket part. When a pocket part has grown too large to fit in the pocket of the book, a softbound cumulative supplement is published instead. When the annotations become extensive, they are transferred to a hardbound Appendix volume. Not all Restatements have appendix volumes, and some have multiple appendix volumes. Interim case citation pamphlets are published twice a year and contain new case summaries and citations for all Restatements and Principles of the Law. For more information on case citations, see ALI's Frequently Asked Questions page.

On HeinOnline, these annotations can be found under the Restatement subject in files named Case Citations, Cumulative Annual Pocket Part, and Appendix. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after a Cumulative Annual Pocket Part or Appendix.

On Westlaw, case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

Member Databases

HeinOnline's American Law Institute Library includes access to the Restatement annotations. Members must be logged in to jenkinslaw.org to access this database. HeinOnline is also available in the library.

Restatement, Third, Torts: Apportionment of Liability

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement, Third, Torts: Apportionment of Liability
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The 2015 Cumulative Annual Pocket Part also includes "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability." Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement, Third, Torts: Liability for Economic Harm

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement, Third, Torts: Liability for Economic Harm
        • Annotations are found in the Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files.

Restatement, Third, Torts: Liability for Physical and Emotional Harm

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement, Third, Torts: Liability for Physical and Emotional Harm
        • Annotations are found in the 2015 Cumulative Annual Pocket Part and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.

Restatement, Third, Torts: Products Liability

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement, Third, Torts: Products Liability
        • Annotations are found in the Appendix volume, the 2015 Cumulative Annual Pocket Part, and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Appendix volume includes case citations to the Restatement, Third, Torts: Products Liability through June 2003.
        • The Appendix volume also includes case citations to §§ 402A-402B of the second series of the Restatement of Torts from July 1984 through June 2003.
        • The 2015 Cumulative Annual Pocket Part includes case citations from July 2003 through June 2014 to the Restatement, Third, Torts: Products Liability and §§ 402A-402B of the second series of the Restatement of Torts.

Restatement, Second, Torts

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement, Second, Torts
        • Annotations are found in the Appendix volumes, the 2015 Cumulative Annual Pocket Part, and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Part.
        • The Appendix volumes include case citations to most sections of the first and second series of the Restatement of Torts.
        • The 2015 Cumulative Annual Pocket Part includes "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability". Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement of the Law, Torts

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Torts > Restatement of the Law, Torts
        • Annotations are found in the two 2015 Cumulative Annual Pocket Parts and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Parts.
        • One 2015 Cumulative Annual Pocket Part includes "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability". Use the Parallel Tables to find the corresponding section numbers between series of Restatements.
        • The other 2015 Cumulative Annual Pocket Part includes case citations from July 1987 through June 2014 to §§ 708-761 of the first series of Restatement of Torts and Restatement, Third, Unfair Competition.
        • For earlier case citations, see the Appendix volumes to the second series of the Restatement of Torts.

Onsite Westlaw

Westlaw, available on the library's Westlaw computers, includes annotations to the Restatements of the Law. Case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

        • Once in Westlaw, from the the All Content tab, select Secondary Sources > Restatements & Principles of the Law > Restatement of the Law - Torts

Print

In print, case annotations to the Restatements can be found in the annual pocket parts located in the back inside "pocket" of each volume. Depending on the date of pocket part, additional case citations may be available in the most recent Interim Case Citations to the Restatements of the Law. When the annotations become extensive, they may also be found in softbound cumulative supplements or hardbound Appendix volumes.

Restatement of the Law, Third, Torts: Apportionment of Liability
(KF1250 A520a 2000)

        • The cumulative supplement includes all case citations to the Restatement, Third, Torts: Apportionment of Liability.
        • The cumulative supplement also includes "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability." Use the Parallel Tables to find the corresponding section numbers between series of Restatements.

Restatement of the Law, Third, Torts: Liability for Physical and Emotional Harm
(KF1250 .R47 2010)

        • The cumulative supplement includes all case citations to the Restatement, Third, Torts: Liability for Physical and Emotional Harm.

Restatement of the Law, Third, Torts: Products Liability
(KF1250 A520p 1998)

        • The cumulative supplement includes case citations beginning with July 2003 to the Restatement, Third, Torts: Products Liability and §§ 402A-402B of the second series of the Restatement of Torts.
        • The Appendix volume includes case citations to the Restatement, Third, Torts: Products Liability through June 2003.
        • The Appendix volume also includes case citations to §§ 402A-402B of the second series of the Restatement of Torts from July 1984 through June 2003.

Restatement of the Law, Second, Torts 2d
(KF1250 A512 1965)

        • The Appendix volumes and cumulative supplements include case citations to most sections of the first and second series of the Restatement of Torts.
        • For "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability", see the cumulative supplement to the Restatement, Third, Torts: Apportionment of Liability. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.
        • For case citations to §§ 402A-402B of the second series of the Restatement of Torts beginning with July 2003, see the cumulative supplement to Restatement, Third, Torts: Products Liability.
        • For case citations to §§ 402A-402B of the second series of the Restatement of Torts from July 1984 through June 2003, see the Appendix volume to Restatement, Third, Torts: Products Liability.

Restatement of the Law of Torts
(KF1250 A507 1934)

        • For case citations to most sections of the first series of the Restatement of Torts, see the Appendix volumes and cumulative supplements to the second series of the Restatement of Torts.
        • For "recent citations to sections of the original Restatement of Torts and the Restatement Second of Torts that have been superseded by the Restatement, Third, Torts: Apportionment of Liability", see the cumulative supplement to the Restatement, Third, Torts: Apportionment of Liability. Use the Parallel Tables to find the corresponding section numbers between series of Restatements.
        • For case citations beginning with July 1987 to §§ 708-761 of the first series of the Restatement of Torts, see the Restatement, Third: Unfair Competition.

State Annotations (through 1950)

Subsequent to the publication of the first series of the Restatements, local bar associations, with the support of the American Law Institute, compiled State Annotations that demonstrated the relationship between the first series of the Restatements and the local law as it was at the time of publication of the Restatement subject.

Jenkins' print collection includes the Pennsylvania Annotations for all of the first series of the Restatements. Online access to the Pennsylvania Annotations, as well as other state annotations, is available on HeinOnline.

Restatement of the Law of Torts, Pennsylvania Annotations

        • Vols. 1 & 2 - Includes Pennsylvania case citations up to July 16, 1937.
        • Vol. 3 - Includes Pennsylvania case citations up to and including vol. 365 (May 1950 - November 1950) of the Pennsylvania Supreme Court Reports and vol. 167 (July 1950 - November 1950) of the Pennsylvania Superior Court Reports.
        • Vol. 4 - Includes Pennsylvania cases citations up to and including vol. 360 (July 1948 - January 1949) of the Pennsylvania Supreme Court Reports and vol. 160 (December 1946 - May 1947) of the Pennsylvania Superior Court Reports).
        • Available on HeinOnline (Volume 1, Volume 2, Volume 3 & Volume 4). Also available in print.