Henry E. Smith Posts

Trespass to Land and Intent

The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5.

Property Torts

In this video, Henry E. Smith and John C.P. Goldberg discuss the connection property torts has to both Restatements of Torts and Property. 

Restating the Architecture of Property

Property law has proven difficult to restate, with none of The American Law Institute’s previous Restatements coming close to covering the full breadth of this area. In addition to trying to fill this gap, those working on the current Fourth Restatement aim to capture the architecture of property.

Why Re-Restate Property?

“Restatement Fourth of Property” sounds like an exercise in excess. It isn’t. It is true that there have been three rounds of previous Restatements of Property that have contributed greatly to the development of the law. And it is also the case that property law presents a large and seemingly disparate set of problems, doctrines, and institutions, making any attempt to restate the law in this area no small challenge.