The Restatement

In the second section of the AP exam, you should begin all questions by numbering your answer. You do not need to work the questions in order. However, the graders must be able to identify quickly which question you are answering. You may wish to underline any key words or key concepts in your answer. Do not underline too much, however, because doing so may obscure your reasons for underlining. In free-response questions that require specific calculations or the determination of products, you may also want to underline or draw a box around your final answer(s). 

After you have written the problem number, restate the question in as few words as possible, but do not leave out any essential information. Often a diagram will help. By restating, you put the question in your own words and allow time for your mind to organize the way you intend to answer the questions. As a result, you eliminate a great deal of unnecessary language that clutters the basic idea. Even if you do not answer the question, a restatement may be worth 1 point. 

If a question has several parts, such as (a), (b), (c), and (d), do not write all of the restatements together. Instead, write each restatement separately when you begin to answer that part. In this book, you will see many samples of the use of restatements. 

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The Greenman decision was a watershed, and privity-free strict HabiUty in tort swept the country as a tidal wave. In 1965, the American Law Institute embraced the concept in Section 402A, and thousands of decisions cited to the Restatement. Within a decade the decision became the majority rule in the United States in the 1990s all but a tiny minority of states ascribe to it. 

AH discussion of the post-1965 era must begin with the Restatement (Second) of Torts, Section 402A. The person responsible for this section was Dean William Prosser, who became the reporter for American Law Institute s Restatement (Second) of Torts at a time when change was on the horizon in the field of products HabiUty. His initiative in drafting Section 402A provided the courts with a ready-made formulation for the adoption of strict tort HabiUty. Entitled "Special Liabihty of Seller of Product for Physical Harm to the User or Consumer," Section 402A reads as follows ... 

New Definitions of Defect. The concept espoused by Section 402A of the Restatement (Second) of Torts, namely, that a manufacturer was strictly Hable for selling a defective product and that proof of fault was unnecessary, worked well with regard to products that contained manufactuting defects. 

In June 1992, the American Law Institute undertook the task of drafting the Restatement (Third) of Torts "Products LiabiUty." Tentative Draft No. 2 takes the position that different HabiUty rules must apply for manufacturing defects and defects based on inadequate design or failure to warn ... 

Other courts addressing this problem have refused to adopt a rule of proportional recovery. Some have asserted that such a fundamental change of a basic tort principle is more appropriately a legislative function. Others have expressed concern that the long latency period renders any reconstmction of market shares highly speculative. The Restatement notes the opposing views but takes no position on this controversial issue. 

Fig. 9. A correlation chart for the observed/predicted ripple characteristics for the reptation, Rouse and polymer mode coupling models. The restation model gives the best correlation ( 1) between theory and experiment.

To establish a product liability claim, it must be shown that the product is defective. This term was redefined (in 1998) as follows A product is defective because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the instructions or warnings renders the product not reasonably safe. See the Restatement (Third) of Torts. Products Liability, issued by the American Law Institute. 

Calculate A// for each of the following processes In each case, restate your result as a specific enthalpy relative to a reference state. [The solution—which you should verify—and the restatement for part (a) are given as an illustration.] Assume that the process pressures are low enough for H to be considered independent of pressure, so that the formulas of Table B.2 (which strictly apply at 1 atm) can be used. 

To bypass some of the historically rigid requirements for proof of trespass, and to avoid numerous privileges that may be asserted as defenses to trespass claims, toxic tort plaintiffs may rely on the theory of nuisance, which is generally defined in the Restatement (Second) of Torts 821 as an unreasonable interference with a right common to the general public, or as an interference with the use and enjoyment of one s property. Nuisance may arise... 

In the early part of the twentieth century, the Restatement of Torts concluded that one s interest in freedom from emotional or mental distress was not of sufficient importance to require others to refrain from conduct intentionally designed to cause such distress upon pain of adverse legal consequences. The interest in emotional and mental tranquility was simply one for which the law formerly provided no protection. More recently, according to Prosser and Keeton on Torts, 12 (1984, 5th edn.), a plaintiff who successfully proves physical personal injury is entitled to compensation for all damages for injury past, present, and future associated with the circumstances giving rise to the action. Consequently, a plaintiff who proves physical injury causally related to exposure to an environmental agent may recover for both the physical injuries and for any associated emotional distress . 

This mle is embodied in the Restatement (Second) of Torts, Section 402A, comment k, which provides that the supplier of an unavoidably unsafe product is liable only if it was not accompanied by a warning of dangers that the manufacturer knew or should have known about. 

Sometimes a Restate situation resembles a Compare situation, and it is necessary to determine which one applies. In the Compare situation, the solver is not told which of two things has the greater or smaller value This determination is the goal of the comparison. In contrast, in the Restate situation, the solver is explicitly informed that one or the other is greater and is asked to determine the size of that difference. Thus, the first asks which one and the second asks how much more. ... 

Identification knowledge. Once again, time plays a key role in the recognition of a situation. In the Vary situation, the primary constraint is that a relationship is expressed that will remain pertinent over time. The relationship binds two very different things either two distinct categories (e.g., for every dog there are three bones.. . . ) or one thing and a numerable property (e.g., each apple costs 35 cents.. . . ). The important aspect is that the relationship holds for more than a single instance and is almost infinitely extensible. That is, it is true for every dog, for example, not just a specific one, and it holds not just for one apple but for as many apples as one cares to purchase. Thus, the relationship expressed has a different nature than that of the Restate situation, which demands specificity. Often, the Vary situation has a conditional form, either explicitly stated as If X, then Y or implicitly expressed. 

The Restate figure has five components, two representing the verbal statement of association, two representing the numerical statement, and one representing the relationship expressed in the problem. The boxes at the top are text boxes and correspond to verbal descriptions of the two objects that are related. The squig-gle in the middle of the figure holds the function or rule that relates the two objects. The ovals at the bottom represent the numerical values, which correspond numerically to the verbal descriptions in the text boxes. The arrows indicate the direction of the relationship. Thus, the left box bears an association to the... 

The second main part of Becker s analysis deals with the dependence of /f.p, the fractional concentration of the final product, on E(X) and with the limiting value (/FP) which is attained, at least for some chemical systems, as v is progressively decreased towards zero, that is in stationary gas. The restatement of his empirical formulae in the notation used here reads... 

In the constant-composition method, one of the total-flow rates (Vj or Lj) is eliminated from the enthalpy balance given by Eq. (2-1) for each stage by use of the component-material balances for the respective stage. The restatement of the enthalpy balances given by Eq. (2-1) in the form called the constant-composition method may be initiated by first observing that... 

For any given set of Lj/Vjs it is desired to solve the total-material balances for the corresponding set of vapor rates Vj. In the restatement of the total-material balances, it is convenient to define the new variable 6j as follows... 

Expressions for the number of transfer units are obtained by the restatement of Eqs. (13-23) and (13-24) in an integrated form for each of the equivalent expressions for Rim For example, consider the case where the expression given by Eq. (13-11) is used for R(. This expression may be stated in terms of mole fractions as follows... 

The restatement of the equations given in Table 14-2 in terms of the residual work function is presented in Table 14-3. The use of the reformulated form of the equations for the evaluation of the thermodynamic functions is a useful technique which appears to have been suggested first by Benedict et al.6... 

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