초록 열기/닫기 버튼
In United States, there have been various sources of laws including positive laws. Further there have been various Restatements in which many members of American Law Institute have discussed and drafted. Although the Restatements may not be positive laws, they have worked similar functions as positive laws have done. Most of US law schools have used the Restatements as one of most important materials for their students’ education, and US courts have cited many provisions of the Restatements to make decisions in various civil cases. In this regard, this author has estimated that the Restatements would be a good guide to understand American law: structure and contents. Therefore this author has chosen the Restatements of Torts (Second) to show the foundation of current American Tort law, while focusing negligence as a founding part of American Tort law. In this aspect, this author attempts to explain principal provisions of liability for condition and use of land in negligence of US Restatements of Torts: mainly sections 328E through 387. This article has four parts. In II of this article, this author explains basic concepts of negligent tort liability for condition and use of land. In III, this author mentions concrete negligent tort liability of possessor, vendor and lessor for condition and use of their land, while providing the contents of sections, comments and illustrations. In IV, this author summarizes the contents of negligence provisions, sections 328E through 387 for condition and land use of the Restatements of Torts. Finally this author attempts to suggest what Korean Tort law, which has Civil Law tradition may be able to learn from the negligent tort liability provisions of the Restatement of Torts, which has Common Law tradition.
키워드열기/닫기 버튼
torts, negligence, Restatement, tortious liability, condition and use of land, possessor, vendor, lessor, licensee, invitee
