...reliance, (5) which is justifiable, and (6) which causes damage (pecuniary loss). 2 F. Harper, et al., Law of Torts Section(s) 7.1, at 381 (2d ed. 1986); Restatement (Second) of Torts Section(s) 525...act. "A representation of the maker's own intention to do . . . a particular thing is fraudulent if he does not have that intention" at the time he makes the representation. Restatement (Second) of Torts Section(s...as much a fact as the state of his digestion." Restatement (Second) of Torts Section(s) 530 cmt. a. Likewise, "a promise made without the intent to perform it is held to be a sufficient basis for an...

...causation to Marin based on Section(s) 433B of the Restatement (Second) of Torts (1965 and 1979). The magistrate applied subsection (3) of Section(s) 433B, which states...would have spread rapidly with the probable result that Northington would have been beaten. However, Restatement (Second) of Torts Section(s) 432(2) states: "If two forces are actively operating, one...Employers' Liability Act case); W. Page Keeton, ed., Prosser and Keeton on Torts Section(s) 41, pp. 266-67 (5th ed. 1984). This rule also applies to reckless and intentional acts. See Restatement (Second) of Torts...

...are contrived. The Restatement (Second) of Torts Section 7 (3) and Comment e (1965) distinguishes between "physical harm" and...330 (1952). In 1965, the Restatement (Second) of Torts acknowledged the existence of the tort of " outrageous conduct causing severe emotional distress," Restatement (Second) of Torts Section 46.... An extensive intrusion was made upon the impact rule in Massachusetts when this court adopted (in essence) Section 46 of the Restatement (Second) of Torts in 1971. George v. Jordan Marsh Co.,359...

...: agency by estoppel (referred to in this opinion as ostensible agency), based on the Restatement (Second) of Agency section 267, and apparent agency, based on the Restatement (Second) of Torts section...Smith, 822 S.W.2d at 72-73 (mentioning Restatement (Second) of Torts section 429 as additional support, but recognizing that the applicable rule is provided by Restatement (Second) of Agency section...the Restatement (Second) of Torts section 429 proposes a conflicting standard for establishing liability, we expressly decline to adopt it in Texas. Next, we reject the suggestion...

...performing that undertaking may face potential tort liability pursuant to the "negligent undertaking" theory articulated in Restatement Second of Torts section 324A (section 324A). As...on the ground that "as a matter of law defendants owed no duty to plaintiffs in this coordinated action, either directly or under section 324A of the Restatement (Second) of Torts.... Restatement Second of Torts section 324A, which reflects California's law of negligence, declares a more specific principle, to the effect that "[o]ne who undertakes, gratuitously or for...

...(Second) of Torts (1965) as the point of analysis for the determination of whether defendant franchisor owes a duty of security towards the injured franchisee's employee. However, plaintiff bases her arguments on Restatement section 344...while the district court grounded its decision on Restatement section 414. A. Plaintiff asserts that the source of defendant's duty of security is Restatement (Second) of Torts Section.... Defendant does not debate whether the franchisee's employee meets Restatement section 344's "members of the public while they are upon the land for such a purpose" requirement. Accordingly, and since resolution of the issue is not necessary for disposition of this case, we do not determine whether a franchisee's employee is such a business visitor within the meaning of Restatement (Second) Torts Section...

...management. In recognition of the reporting responsibilities delegated to accounting firms to protect the investing public, we adopt the rule set forth in the Restatement (Second) of Torts section 592A...defamatory statements as articulated by the Restatement (Second) of Torts section 592A (1977). The Restatement provides that “[o]ne who is required by law to publish defamatory matter is absolutely...and followed in Nevada.” 86–7 Op. Att'y Gen. 20, 25 (1986). Restatement (Second) of Torts section 592A “rests upon the principle that one who is...

...recognizes the tort of interference with prospective business contracts, but then applied Restatement (Second) of Torts Section(s) 768 (1979) and held "that NCR's actions constituted privileged business...prospective business contracts expressed in the Restatement (Second) of Torts Section(s) 768. We begin with the Kansas requirements for a claim of...privileged." Id. at 1116 (citing W. Page Keeton et al., Prosser Keeton on the Law of Torts Section(s) 129, at 989 (5th ed. 1984)). After quoting a New York appellate court that recognized such a privilege, as well as section 767 of the Restatement (Second) of...

...legally significant cause. The passage of time can certainly reduce the legal significance of a particular contributing act. See Restatement (Second) of Torts Section(s) 433 (1965) (lapse of time a...); Restatement (Second) of Torts Section(s) 433 (1965). Although the stabbing occurred at the address named in the original petition, and although the police officers may have had some indication that Celso...say that the officers' failure to enforce the order was the legal cause of the injury. See Martinez, 444 U.S. at 285; Restatement (Second) of Torts Section(s...

...its common-law meaning."). The Restatement (Second) of Torts provides the common law rule in these cases: The statement in House Report No. 595 that "current law . . . requires only reliance" pertains to Section(s... (b) his reliance is justifiable. Restatement (Second) of Torts Section(s) 537 (1977) (emphasis added). Another generally recognized authority...not mean that his conduct must conform to the standard of the reasonable man." Restatement (Second) of Torts Section(s) 545A cmt. b. Justifiable reliance is gauged by "an individual standard of...

...of section 682 of the Restatement (Second) of Torts (1977) which provides the general principle for an abuse of process claim. It states: One who uses...by the abuse of process. (Emphasis added.) We have previously adopted section 682, and comment a of that section, of the first edition of the Restatement of Torts. Mills County State Bank v. Roure, 291 N.W.2d 1, 4 (Iowa 1980); Sarvold v. Dodson, 237 N.W.2d 447, 448-49 (Iowa 1976). We today adopt section 682, and comments a and b, of the Restatement (Second) of...Torts. The Restatement (Second) of Torts section 682...

...liable for it," the Institute, in Restatement (Second) of Torts, section 46 (1965), recognizes the existence of a cause of action for severe emotional distress caused by intentional or reckless...of the second Restatement, the decisions of other jurisdictions recognizing the cause of action and by the authors on the subject. See Magruder, Mental and Emotional Disturbance in the Law of Torts, 49 Harv. L. Rev. 1033, 1059 (1936); Prosser, Law of Torts sec. 12 (4th ed. 1971). The extensive comments and illustrations to section 46...the payments. As stated in Restatement (Second) of Torts, section 46, comment g, in such a case the actor is not liable "where he has done no more than to insist upon his legal rights in a...

... The plaintiffs' third theory of liability is that Kodak should be held liable as the "apparent manufacturer" of the Atex keyboards. Restatement (Second) of Torts Section(s) 400 (1965). The.... Restatement (Second) of Torts Section(s) 400 cmt. a (emphasis added). Although no New York court, with the exception of the King court, has explicitly declined to apply Section(s...manufacturer doctrine, the plaintiffs offer no evidence that Kodak held itself out as the manufacturer of the Atex keyboard. See Restatement (Second) of Torts Section(s) 400. There is no question that...

...business transactions. Restatement (Second) of Torts, Section 552 (1977). The burden then shifted to the plaintiff, the non-moving party, to show that the information was supplied for a business...the Restatement (Second) of Torts (1965); and negligent misrepresentation under Section 552 of the Restatement (Second.... Restatement (Second) of Torts, § 552 (1977) (emphasis added). In discussing the requirements for recovery under Section 552...

...judgment motion, but we reversed, rejecting application in this context of the peculiar risk doctrine found in the Restatement Second of Torts, section 416. As we explained: "At common law, a person...under Restatement Second of Torts, section 413, which provides that a person who hires an independent contractor to do inherently dangerous work, but who fails to provide in the contract or in some...negligent hiring theory set forth in [the Restatement Second of Torts,] section 411. Under section 411, a hirer is liable for physical harm to third persons caused by the hirer's failure to exercise...

...supervision. The Superior Court held, as a matter of law, that punitive damages are unavailable on a claim sounding in negligent supervision under Section 317 of the Restatement (Second) of Torts. We disagree.... Restatement (Second) of Torts Section 317, which is entitled "Duty of Master to Control Conduct of Servant," provides: A master...of negligent supervision liability under Section 317 of the Restatement (Second) of Torts. The OAJC thus vacated the Superior Court's order insofar as it entered judgment in favor of Bishop Hogan and...

...Roland for negligence in supplying unsafe equipment under Restatement (Second) of Torts section 392 (1965). Carroll argues the trial court erred in refusing to give an instruction based on his...verdict for Roland on Carroll's claims based on premises liability and employer/employee duties. The court submitted only a negligence claim based on Restatement (Second) of Torts section 392(b). The...Restatement (Second) of Torts section 392. This section provides, Chattel Dangerous for Intended Use. One who supplies to another, directly or through a third...

...Restatement (Second) of Torts section 587, which does not limit the application of the absolute privilege to attorney communications. Fink, 118 Nev. at 433 n. 13.... Restatement (Second) of Torts § 587 cmt. d (1977). Although in Fink, 118 Nev. at 435 n. 16, 49 P.3d at 645 n. 16, we also cite and rely on Restatement (Second) of Torts section 586...of Restatement (Second) of Torts section 587 explicitly makes clear that the protection from liability for defamation accorded to an attorney under section 586 applies equally to parties to litigation...

...) (adopting Restatement (Second) of Torts section 46 (1965). We have held that to recover damages for intentional infliction of emotional distress, a plaintiff must establish that "(1) the defendant acted....'" Twyman, 855 S.W.2d at 621 (quoting Restatement (Second) of Torts section 46 cmt. d (1965)). In reviewing the summary... Deborah Morgan, Petitioner v. Mack Anthony, Respondent. No. 99-1018. Supreme Court of Texas...