.... See, e.g., Harbor Funding Corp. v. Kavanagh, 666 A.2d 498, 500 (Me. 1995) (applying Restatement section 229); Collins v...choice of law disputes, we adopt the guidelines of the Restatement (Second) Conflicts of Laws section 187(2) to interpret this contractual choice of law provision...Ins. Co., 455 A.2d 914, 918 (Me. 1983) (applying Restatement section 188). Pursuant to section 187(2), we will enforce a contractual choice of law provision "unless either (a) the chosen state...

...master. Restatement section 229 provides: (1) To be within...2001); Vaeth, supra, 27 A.L.R.5th at 233-39 (collecting cases). The Restatement addresses the going and coming rule in section 229, comment d: "`[i]t is essentially . . . the employee's own job of getting to or from work.'" Franklin, supra, 39 S.D. L.Rev. at 587 (quoting Restatement (Second...the master-servant relationship. Like forty-four of our sister states, we recognize section 220 of the Restatement (Second) of Agency as the...

...support of its position. Section 229 provides: To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its occurrence was a material part of the agreed exchange. It is unclear whether New York would follow Section 229 of the Restatement. As...now, no New York cases have cited to this section. New York law, however, to some extent mirrors Restatement Section 229. The...concept of "substantial performance" reflects the concepts of "excuse" and "immateriality" contained in Section 229. But as discussed above, New York's concept of "substantial performance" is unavailing in this case because no performance occurred on Hoosier Energy's side. Similarly Section 229 of the Restatement requires...

...equity to provide relief to Yates under the particular circumstances before the court. Section 229 of the Restatement (Second) of Contracts provides: To the...exchange. Unlike Section 227 of the Restatement, Section 229 focuses on whether actual forfeiture would occur under the particular circumstances before the court. We..., supra, § 3.04[3][c], or, in the Restatement's terminology, a covenant or promise subject to a condition, Restatement, supra, § 224 cmt. e. Section 224 of the Restatement defines a condition as...

...the circumstances of this case, the guidance provided by section 229 of the Restatement is consistent with our precedent that disfavors...unenforceability of disproportionate forfeiture clauses and overbroad non-compete agreements." Id. The court of appeals turned to section 229 of the Restatement (Second) of Contracts...the court of appeals that guidance can be drawn from the Restatement. Section 229 provides: "To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may...

...(1956); Prosser on Torts, Section 70 (4th ed. 1971); Restatement on Agency Second, Sections 219, 228, 229, 245 (1958). The decisions relied upon by the appellant, insofar as...reasonably consequent upon or incident to his performance of his employment function of hiring and firing sub-employees (Restatement, cited above, Section 229). The tortious conduct (which had also occurred within the authorized time and space limits of the employment, Restatement, cited..., Supplement to Vol. 2 at p. 613 ("Comment to Section 26.9 nn. 16-20") (1968); Restatement of Agency Second, Appendix, pp. 391-99 (1958). See: Wisemore v. First Nat. Life Ins. Co...

...purpose to serve the master, . . . . [ Restatement (Second) of Agency § 228 (1958).] Restatement section 229 provides...constitutes "scope of employment" is informed by the Restatement of Agency, §§ 228 and 229.... [ Carter, supra, ibid. (quoting Restatement (Second) of Agency § 228, 229).] Applying these factors here, we reach the same...

..., 109 A. at 90-91; Rowell v. Boston Maine R.R., 68 N.H. 358, 359 (1895). See also Restatement, supra, Section(s) 229 cmt. b (even...to Restatement, supra, Section(s) 229 cmt. b); Rowell, 68 N.H. at 359 (master is responsible for the acts of the servant done as a means and...-92 (N.H. 1920); Restatement (Second) of Agency Section(s) 228(1) (1958). The conduct is not within the scope of employment if it was "different in kind from that authorized, far beyond the authorized...

...conclusion, plaintiff disagrees, contending that genuine issues of fact preclude this conclusion. Plaintiff relies on section 229 of the Second Restatement of Agency, which elaborates.... Pyne, 129 Ill. 2d at 360. The Restatement labels section 228 as a "General Statement. "Subsequent sections elaborate these three criteria.... Pyne, 129 Ill. 2d at 360; see Restatement (Second) of Agency § 228, Comment a, at 505 (1958) ("Sections 229-236 state the circumstances which...

... rocks at them and chased them, and that eventually one of the officers pulled his handgun and shot the victim. Relying on Restatement of the Law 2d, Agency (1958), Section 229, the Hill court concluded that a jury could find that the officers' conduct was within the scope of employment. Section 229 of the Restatement provides.... Section 219(2)(d) of the Restatement provides: "A master is not subject to liability for the torts of his servants acting outside the...while acting under color of state law, and thereby violated Section 1983, Title 42, U.S. Code, and committed various torts upon the appellants...

...his employment. He relies greatly upon the following language in the Restatement of Agency, Section 229, Comment b: "Although an act is a means of accomplishing an authorized result, it may be done...

...paid for such purpose. Id. at 335. Moreover, our position is supported by the Restatement (Second) of Contracts. Section 229 of the Restatement states...condition unless its occurrence was a material part of the agreed exchange. Restatement (Second) of Contracts § 229 (1981). A comment to this section elaborates this concept.... The character of the agreement may, as in the case of insurance agreements, affect the rigor with which the requirement is applied. Id. § 229 cmt. b. Applying this principle to...

...§ 229, comment b. Section 229 provides, "To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its occurrence was a material part of the agreed exchange." Restatement (Second..., 137 A.2d 225, 231 (1958), section 229 is consistent with the law of this Commonwealth. See also Jackson v. Richards 5 10, Inc., 289 Pa. Super. 445, 433 A.2d 888 (1981) (indicating that forfeitures meet with great disfavor under the law and utilizing a discussion of a tentative Restatement draft...solely to the propriety of Federal's summary judgment grant. Restatement (Second) of Contracts § 229 discusses the excuse of a condition to avoid unfairness in...

...decision based on evaluation of the significant interest or contact each state has in the transaction. This rule has been adopted in the Restatement (Second) of Conflict of Laws, 8188 (1971). Section 229, comment (e) of the Restatement, says...is erroneous. By the very wording of the Restatement quoted in the court's reasons for judgment Georgia law is applicable to this foreclosure in Georgia. This is strictly a question of whether a...hold the mortgagor liable for any deficiency after foreclosure" which the Restatement recognizes would be governed by the law where the debt was written. Accordingly, the judgment...

...purpose to serve the master. Restatement (Second) of Agency § 228. The Court of Appeals also listed as helpful the factors identified in section 229(2) of the Restatement (Second...in section 229(2), provides a more instructive frame-work for an analysis that is ultimately "dependent upon the facts of the particular case." Restatement (Second) of Agency § 229 cmt. a. In our view...within the scope of employment "requires the weighing and balancing of the facts and circumstances of each case"); Restatement (Second) of Agency § 229 cmt. a (1958) ("The limits of the scope of...

...doing, the trial court rejected Kull's argument, based on Section 229, Comment (e), that numerous slight departures from the authorized conduct may place the entire activity beyond the scope of employment. The trial court observed that nothing in Section 229 of the Restatement mandates...their employment. As support, Kull cites the Comment to Section 229 of the Restatement, which notes that a number of slight departures from the authorized conduct may place the entire activity beyond...employees' scope of employment). Further, referring to Restatement (Second) of Agency § 229 (1958) (relating to kind of conduct within scope of employment), the trial court reasoned...

...), 66 Ill. App.3d 825, 844, 383 N.E.2d 1242.) Section 229 of the Restatement (Second) of Agency...Pedrick standard in tandem with section 229 of the Restatement (Second) of Agency (1958), we conclude that the trial court correctly denied Avis' motion for judgment notwithstanding the verdict... (j) whether or not the act is seriously criminal." Restatement (Second) of Agency § 229 (1958). After a careful review of the record, applying the...

.... Furthermore, the doctrine of "disproportionate forfeiture", as relied upon by defendants and as articulated in the Restatement (Second) Contracts Section 229 (1979), is simply not applicable to the facts of this case. Section 229 of the Restatement provides...provisions impose disproportionate penalties for the breach of the contract. This is not a case involving such a claim. Section 229. Excuse of a..., 158 Conn. 364, 379, 260 A.2d 596 (1969). Section 13.1 of the subject contract provides that "[i]n...

..., 653 N.E.2d at 229, quoting 1 Restatement of the Law 2d, Judgments (1982) 209, Section 25...read was identical to the one placed on file for public view but for one relevant difference. Section 2 of the Ordinance, which included the details of the proposed plan development, modified the...to give adequate notice of the setback modification. Because the written text reflecting the modified setback had not been on file for thirty days, the court of appeals found that Section 2 of the...

..., or by any other mode, must be governed by the law of the state where the same is situated."). Although Comment e to section 229 of the Restatement suggests that issues not affecting an interest in land...situs. The Restatement (Second) Conflict of Laws (1969) § 229 provides: The method for the foreclosure of a mortgage on land and the...interests in the land resulting from the foreclosure are determined by the local law of the situs. Our approach has long conformed with the Restatement rule. See, e.g...