Restatement (Second) of Contracts

American Law Institute. (1981). Restatement (Second) of Contracts.

Type

Book

Intellectual base

Review or monograph

Year

1981

Link

https://www.ali.org/publications/show/contracts/

Cited from

computer_science, rhetoric

Cited by

4 citations across 4 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Presupposition Smuggling
  • The channel-payload binding is that signing the agreement (engaging the operative surface) is later treated as ratification of the recited facts: courts read recitals as admissions or as interpretive context.

    This sourceEstablishes that the writing as a whole — including recitals — is read as context in interpreting agreements, and recited facts operate as admissions / give rise to estoppel by recital.

• Serialization
  • Legal documentation: a verbal agreement serialized into a contract — the transportable, archivable, evidentiary form; the Statute of Frauds is essentially a rule about which transactions require serialization.

    This sourceStates the Statute of Frauds: classes of contracts unenforceable unless evidenced by a signed writing — i.e. a rule about which agreements must be serialized into written form to be legally enforceable.

Domain-specific

• Assignment (law)
  • The Restatement treats assignment as a manifestation that extinguishes the assignor's right and creates it in the assignee, subject to limits and defenses.
• Void contract
  • The Restatement distinguishes void contracts from voidable contracts and unenforceable promises, emphasizing that these categories carry different powers and consequences.

Verification

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