INTRODUCTION
… This article provides a comprehensive analysis of the RLLI to answer the basic question of whether the controversy and criticisms surrounding the project are well founded or are overstated. The article’s objective is to assist judges and others unsure of what to make of this Restatement a lens through which to evaluate the project objectively. Part I discusses the ALI’s traditional mission and development process for a Restatement, as well as the unique history of the RLLI’s development. This background provides important context on the RLLI’s overall design and evolution, which culminated in a controversial final work product. Part II examines ten of the RLLI’s most contentious topics and provisions, explaining how a number of them depart from prevailing common law rules in novel ways. Part III provides an overall assessment of the RLLI and its combination of novel recommended rules and rules with very limited legal support, and the project’s potential to significantly augment the liability insurance landscape if adopted by courts …
Victor E Schwartz and Christopher E Appel, Restating Or Reshaping The Law?: A Critical Analysis Of The Restatement Of The Law, Liability Insurance, University of Pennsylvania Journal of Business Law volume 22:3 (2020).
First posted 2020-05-25 07:31:10
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