Restatement rule (Vermont) · Go Syfert
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Restatement rule in Vermont

19 Vermont opinions name it 2 courts 1991–2026 5 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
Hathaway v. Tuckergreen
vt · 2010 · cited in 2 Vermont opinions naming this issue, 2018–2025
2 sentences

2018Put another way, the right-to-control test is the "general standard" and "the remaining Restatement factors are supplementary to [that] test, particularly in a close case." Hathaway , 2010 VT 114 , ¶ 32, 189 Vt. 126 , 14 A.3d 968 .

2018Put another way, the right-to-control test is the "general standard" and "the remaining Restatement factors are supplementary to [that] test, particularly in a close case." Hathaway , 2010 VT 114 , ¶ 32, 189 Vt. 126 , 14 A.3d 968 .

12
Kneebinding, Inc., John Springer-Miller, Tina Springer-Miller and ACL Investments, LLC v. Richard Howellgreen
vt · 2018 · cited in 1 Vermont opinions naming this issue, 2026–2026
2 sentences

2026Restatement (Second) of Torts § 766; see also Kneebinding, Inc. v. Howell, 2018 VT 101, 93 , 208 Vt. 578 (explaining that under this Restatement section, the plaintiff must prove actual harm as a result of defendant’s interference).

2026Restatement (Second) of Torts § 766; see also Kneebinding, Inc. v. Howell, 2018 VT 101, 93 , 208 Vt. 578 (explaining that under this Restatement section, the plaintiff must prove actual harm as a result of defendant’s interference).

11
Gregg Beldock v. VWSD, LLCgreen
vt · 2023 · cited in 1 Vermont opinions naming this issue, 2024–2024
2 sentences

2024“A valid contract defines the obligations of the parties as to matters within its scope, displacing to that extent any inquiry into unjust enrichment.” Restatement (Third) of Restitution and Unjust Enrichment § 2(2) (2011); see Beldock v. VWSD, LLC, 2023 VT 35, ¶ 78 , 307 A.3d 209 (adopting Restatement rule).

2024“A valid contract defines the obligations of the parties as to matters within its scope, displacing to that extent any inquiry into unjust enrichment.” Restatement (Third) of Restitution and Unjust Enrichment § 2(2) (2011); see Beldock v. VWSD, LLC, 2023 VT 35, ¶ 78 , 307 A.3d 209 (adopting Restatement rule).

11
Trepanier v. Getting Organized, Inc.green
vt · 1990 · cited in 1 Vermont opinions naming this issue, 2018–2018
2 sentences

2018See Trepanier, 155 Vt. at 265 ; Ball, 163 Vt. at 470 .

2018See Trepanier, 155 Vt. at 265 ; Ball, 163 Vt. at 470 .

11
United States Ex Rel. Trane Co. v. Bondgreen
md · 1991 · cited in 1 Vermont opinions naming this issue, 2015–2015
1 sentence

2015Bd., 723 N.W.2d 188, 200 (Iowa 2006) (“We follow the Restatement’s rule concerning the effect of duress on the enforceability of a contract . . . .”); Trane, 586 A.2d at 738-40 (adopting Restatement (Second) of Contracts § 174 as to what renders agreement void, but modified such that “duress sufficient to render a contract void consists of the actual application of physical force that is sufficient to, and does, cause the person unwillingly to execute the document; as well as the threat of application of immediate physical force sufficient to place a person in the position of the signer in act

11
Andreini v. Hultgrengreen
utah · 1993 · cited in 1 Vermont opinions naming this issue, 2015–2015
1 sentence

2015Bd., 723 N.W.2d 188, 200 (Iowa 2006) (“We follow the Restatement’s rule concerning the effect of duress on the enforceability of a contract . . . .”); Trane, 586 A.2d at 738-40 (adopting Restatement (Second) of Contracts § 174 as to what renders agreement void, but modified such that “duress sufficient to render a contract void consists of the actual application of physical force that is sufficient to, and does, cause the person unwillingly to execute the document; as well as the threat of application of immediate physical force sufficient to place a person in the position of the signer in act

11
City of Asbury v. Iowa City Development Boardgreen
iowa · 2006 · cited in 1 Vermont opinions naming this issue, 2015–2015
1 sentence

2015Bd., 723 N.W.2d 188, 200 (Iowa 2006) (“We follow the Restatement’s rule concerning the effect of duress on the enforceability of a contract . . . .”); Trane, 586 A.2d at 738-40 (adopting Restatement (Second) of Contracts § 174 as to what renders agreement void, but modified such that “duress sufficient to render a contract void consists of the actual application of physical force that is sufficient to, and does, cause the person unwillingly to execute the document; as well as the threat of application of immediate physical force sufficient to place a person in the position of the signer in act

11
Myers v. Langloisgreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2013–2013
1 sentence

2013See id. at 435–36.

11
Sweet v. Roygreen
vt · 2002 · cited in 1 Vermont opinions naming this issue, 2005–2005
2 sentences

2005GMAC argues that it cannot be held vicariously liable for punitive damages awarded to punish the conduct of other actors and entities such as WNC because plaintiffs’ evidence did not satisfy the Restatement standard for vicarious liability as discussed in Sweet v. Roy, 173 Vt. 418, 444-45 , 801 A.2d 694, 713-14 (2002).

2005GMAC argues that it cannot be held vicariously liable for punitive damages awarded to punish the conduct of other actors and entities such as WNC because plaintiffs’ evidence did not satisfy the Restatement standard for vicarious liability as discussed in Sweet v. Roy, 173 Vt. 418, 444-45 , 801 A.2d 694, 713-14 (2002).

11
State Farm Fire and Cas. Co. v. Fullertongreen
ca5 · 1997 · cited in 1 Vermont opinions naming this issue, 2005–2005
1 sentence

2005Id. at 686 ; Fullerton, 118 F.3d at 381.

11
Baldwin v. Iowa State Traveling Men's Assn.green
scotus · 1931 · cited in 1 Vermont opinions naming this issue, 2004–2004
2 sentences

2004Indeed, the trend has been toward a broader approach, embodied in the Restatement (Second) of Judgments, requiring a plaintiff to áddress in one lawsuit all injuries emanating from “all or any part of the transaction, or series of connected transactions, out of which the action arose.” Restatement (Second) of Judgments §24(1) (1982) [hereinafter Restatement (Second)]; see also 18 Wright et al., supra, § 4407 n.22 (observing that “[t]oo many states have adopted the Restatement test to provide a complete list” and collecting examples); Note, Claim Preclusion in Modem Latent Disease Cases: A Prop

2004Indeed, the trend has been toward a broader approach, embodied in the Restatement (Second) of Judgments, requiring a plaintiff to áddress in one lawsuit all injuries emanating from “all or any part of the transaction, or series of connected transactions, out of which the action arose.” Restatement (Second) of Judgments §24(1) (1982) [hereinafter Restatement (Second)]; see also 18 Wright et al., supra, § 4407 n.22 (observing that “[t]oo many states have adopted the Restatement test to provide a complete list” and collecting examples); Note, Claim Preclusion in Modem Latent Disease Cases: A Prop

11
State v. Cartergreen
vt · 1996 · cited in 1 Vermont opinions naming this issue, 2002–2002
2 sentences

2002See State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1264-66 (1996) (adopting the standard applied in Chapman v. California, 386 U.S. 18 (1967), for constitutional and nonconstitutional error and noting standard was a restatement of principle that error “could not be harmless if there is a reasonable possibility that the evidence complained of might have contributed to the conviction”) (internal quotation marks and citation omitted); see also Fuller, 168 Vt. at 408 , 721 A.2d at 484 (“Harmless error analysis requires the reviewing court to inquire if, absent the alleged error, it is clear

2002See State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1264-66 (1996) (adopting the standard applied in Chapman v. California, 386 U.S. 18 (1967), for constitutional and nonconstitutional error and noting standard was a restatement of principle that error “could not be harmless if there is a reasonable possibility that the evidence complained of might have contributed to the conviction”) (internal quotation marks and citation omitted); see also Fuller, 168 Vt. at 408 , 721 A.2d at 484 (“Harmless error analysis requires the reviewing court to inquire if, absent the alleged error, it is clear

11
State v. Fullergreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2002–2002
2 sentences

2002See State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1264-66 (1996) (adopting the standard applied in Chapman v. California, 386 U.S. 18 (1967), for constitutional and nonconstitutional error and noting standard was a restatement of principle that error “could not be harmless if there is a reasonable possibility that the evidence complained of might have contributed to the conviction”) (internal quotation marks and citation omitted); see also Fuller, 168 Vt. at 408 , 721 A.2d at 484 (“Harmless error analysis requires the reviewing court to inquire if, absent the alleged error, it is clear

2002See State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1264-66 (1996) (adopting the standard applied in Chapman v. California, 386 U.S. 18 (1967), for constitutional and nonconstitutional error and noting standard was a restatement of principle that error “could not be harmless if there is a reasonable possibility that the evidence complained of might have contributed to the conviction”) (internal quotation marks and citation omitted); see also Fuller, 168 Vt. at 408 , 721 A.2d at 484 (“Harmless error analysis requires the reviewing court to inquire if, absent the alleged error, it is clear

11
Chapman v. Californiayellow
scotus · 1967 · cited in 1 Vermont opinions naming this issue, 2002–2002
1 sentence

2002See State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1264-66 (1996) (adopting the standard applied in Chapman v. California, 386 U.S. 18 (1967), for constitutional and nonconstitutional error and noting standard was a restatement of principle that error “could not be harmless if there is a reasonable possibility that the evidence complained of might have contributed to the conviction”) (internal quotation marks and citation omitted); see also Fuller, 168 Vt. at 408 , 721 A.2d at 484 (“Harmless error analysis requires the reviewing court to inquire if, absent the alleged error, it is clear

11
Trudo v. Lazarusgreen
vt · 1950 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998See Trudo v. Lazarus, 116 Vt. 221, 224 , 73 A.2d 306, 308 (1950); Restatement (Second) of Torts § 329, cmt. c. (1965).

1998See Trudo v. Lazarus, 116 Vt. 221, 224 , 73 A.2d 306, 308 (1950); Restatement (Second) of Torts § 329, cmt. c. (1965).

11
Levinsky v. Diamondgreen
vt · 1982 · cited in 1 Vermont opinions naming this issue, 1996–1996
2 sentences

1996We have been consistent that a motion to dismiss for failure to state a claim may not be granted “unless it appears beyond doubt that there exist no circumstances or facts which the plaintiff could prove about the claim made in his complaint which would entitle him to relief.” Levinsky v. Diamond, 140 Vt. 595, 600-01 , 442 A.2d 1277, 1280-81 (1982).

1996We have been consistent that a motion to dismiss for failure to state a claim may not be granted “unless it appears beyond doubt that there exist no circumstances or facts which the plaintiff could prove about the claim made in his complaint which would entitle him to relief.” Levinsky v. Diamond, 140 Vt. 595, 600-01 , 442 A.2d 1277, 1280-81 (1982).

11
Wilson v. Whinerygreen
washctapp · 1984 · cited in 1 Vermont opinions naming this issue, 1991–1991
2 sentences

1991App. 1987) (repurchase option for grantors’ lifetimes at purchase price plus “an additional fair amount for any improvements” held not an unreasonable promissory restraint on alienation under Restatement rule); Wilson v. Whinery, 37 Wash. App. 24, 27 , 678 P.2d 354, 356 (1984) (disparity between purchase price provided in right of first refusal and the subsequent market price of the property did not invalidate the right of first refusal).

1991App. 1987) (repurchase option for grantors’ lifetimes at purchase price plus “an additional fair amount for any improvements” held not an unreasonable promissory restraint on alienation under Restatement rule); Wilson v. Whinery, 37 Wash. App. 24, 27 , 678 P.2d 354, 356 (1984) (disparity between purchase price provided in right of first refusal and the subsequent market price of the property did not invalidate the right of first refusal).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Carole Kuligoski, Individually and on behalf of Michael J. Kuligoski, and Mark Kuligoski and James M. Kuligoski v. Evan M. Rapoza, John E. Rapoza, Anne M. Rapoza, John A. Rapoza and Christine M. Rapoza green
vt · 2018
2 sentences

2025In addition to the extent of control, the Restatement factors examine whether the worker is engaged in a distinct occupation, “whether the kind of occupation engaged in is usually done under the direction of an employer, the skill required, whether the worker supplies the tools for the work, the length of time the worker is employed, whether payment is by time or by the job, whether the work is part of the regular business of the principal, whether the parties believe they are creating an employer-employee relationship, and whether the principal is or is not in business.” Kuligoski v. Rapoza,

2025In addition to the extent of control, the Restatement factors examine whether the worker is engaged in a distinct occupation, “whether the kind of occupation engaged in is usually done under the direction of an employer, the skill required, whether the worker supplies the tools for the work, the length of time the worker is employed, whether payment is by time or by the job, whether the work is part of the regular business of the principal, whether the parties believe they are creating an employer-employee relationship, and whether the principal is or is not in business.” Kuligoski v. Rapoza,

22024–2025
Herrera v. Union No. 39 School Dist. green
vt · 2006
2 sentences

2026Dist., 2006 VT 83 , ¶ 21, 181 Vt. 198 (2006) (quoting Restatement (Second) of Contracts § 346)); see also Ely-Cruikshank Co. v. Bank of Montreal, 65 N.E.2d 985 , 986-87 (N.Y.) (holding that, under New York law, breach of contract accrues at the time of the breach and noting that, because “nominal damages are always available in breach of contract actions,” all necessary elements of claim were present at the time of the alleged breach even if damages accrued later).

2026Dist., 2006 VT 83 , ¶ 21, 181 Vt. 198 (2006) (quoting Restatement (Second) of Contracts § 346)); see also Ely-Cruikshank Co. v. Bank of Montreal, 65 N.E.2d 985 , 986-87 (N.Y.) (holding that, under New York law, breach of contract accrues at the time of the breach and noting that, because “nominal damages are always available in breach of contract actions,” all necessary elements of claim were present at the time of the alleged breach even if damages accrued later).

12026–2026
Sean Kelly v. The University of Vermont Medical Center green
vt · 2022
2 sentences

2026Ctr., 2022 VT 26, ¶ 36 , 216 Vt. 445 , it has also endorsed the Restatement principle that “if a breach of contract ‘caused no loss or if the amount of the loss is not proved . . . a small sum fixed without regard to the amount of loss will be awarded as nominal damages,” Herrera v. Union No. 39 Sch.

2026Ctr., 2022 VT 26, ¶ 36 , 216 Vt. 445 , it has also endorsed the Restatement principle that “if a breach of contract ‘caused no loss or if the amount of the loss is not proved . . . a small sum fixed without regard to the amount of loss will be awarded as nominal damages,” Herrera v. Union No. 39 Sch.

12026–2026
RLI Insurance v. Agency of Transportation green
vt · 2000
2 sentences

2018Indeed, discussing the Restatement factors, we have stated that "[i]f the work is neither ancillary nor independent of the employer's business, it is likely that the worker is an employee." RLI Ins. , 171 Vt. at 555 , 762 A.2d at 478 ; see Restatement (Second) of Agency § 220(2) cmt. i ("[I]f the occupation is one which ordinarily is considered as a function of the regular members of the household staff or incident of the business establishment of the employer, there is an inference that the actor is a servant."); id . cmt. l ("If the work is done upon the premises of the employer with his mac

2018Indeed, discussing the Restatement factors, we have stated that "[i]f the work is neither ancillary nor independent of the employer's business, it is likely that the worker is an employee." RLI Ins. , 171 Vt. at 555 , 762 A.2d at 478 ; see Restatement (Second) of Agency § 220(2) cmt. i ("[I]f the occupation is one which ordinarily is considered as a function of the regular members of the household staff or incident of the business establishment of the employer, there is an inference that the actor is a servant."); id . cmt. l ("If the work is done upon the premises of the employer with his mac

12018–2018
Cold Springs Farm Development, Inc. v. Ball green
vt · 1995
2 sentences

2018See Trepanier, 155 Vt. at 265 ; Ball, 163 Vt. at 470 .

2018See Trepanier, 155 Vt. at 265 ; Ball, 163 Vt. at 470 .

12018–2018
Brod v. Agency of Natural Resources green
vt · 2007
2 sentences

2015Div. Nov. 1, 2011) (Durkin, J.) (citing Brod v. Agency of Natural Resources, 2007 VT 87, ¶ 9 , 182 Vt. 234 ) (“Appellants’ bare assertion that they are ‘adjoining property owners’ is more akin to a restatement of the rule itself than a factual allegation describing what property they own or where their property is located in relation to the property on which the project is being constructed.”).

2015Div. Nov. 1, 2011) (Durkin, J.) (citing Brod v. Agency of Natural Resources, 2007 VT 87, ¶ 9 , 182 Vt. 234 ) (“Appellants’ bare assertion that they are ‘adjoining property owners’ is more akin to a restatement of the rule itself than a factual allegation describing what property they own or where their property is located in relation to the property on which the project is being constructed.”).

12015–2015
Sweezey v. Neel green
vt · 2006
2 sentences

2009We declined to adopt the Restatement rule in Sweezey , explaining that this rule would cause uncertainty, increase litigation, and confer a windfall on the servient owner to the detriment of the dominant owner. 2006 VT 38, ¶¶ 24-25 . ¶ 39.

2009We declined to adopt the Restatement rule in Sweezey , explaining that this rule would cause uncertainty, increase litigation, and confer a windfall on the servient owner to the detriment of the dominant owner. 2006 VT 38, ¶¶ 24-25 . ¶ 39.

12009–2009
James v. Paul green
mo · 2001
2 sentences

2005Id. at 686 ; Fullerton, 118 F.3d at 381.

2005The Restatement’s analysis of the issue has been called into question, however, James, 49 S.W.3d at 686-87 , and the general trend is toward applying collateral estoppel in a civil proceeding following a plea of guilty.

12005–2005
Serfass v. United States green
scotus · 1975
2 sentences

1999The State, basing its response primarily on the specific issue raised by defendant in the trial court, argues that because jeopardy did not attach to the burglary charges — the dismissal of those charges having occurred before a jury was empaneled, see Serfass v. United States, 420 U.S. 377 (1975) — prosecution on the trespass charges does not subject defendant to double jeopardy.

1999The State, basing its response primarily on the specific issue raised by defendant in the trial court, argues that because jeopardy did not attach to the burglary charges — the dismissal of those charges having occurred before a jury was empaneled, see Serfass v. United States, 420 U.S. 377 (1975) — prosecution on the trespass charges does not subject defendant to double jeopardy.

11999–1999

Where else courts name it

CA 104 (1909–2025) TX 87 (1927–2026) PA 68 (1901–2026) AZ 55 (1953–2026) NJ 53 (1957–2026) WA 50 (1924–2025) IL 47 (1946–2016) IN 44 (1979–2019) OR 42 (1960–2024) NY 39 (1900–2024) OH 35 (1950–2024) MI 32 (1891–2023) DE 32 (1945–2026) AL 32 (1911–2017) IA 32 (1972–2026) MO 29 (1889–2023) CT 26 (1982–2026) FL 25 (1968–2021) MN 23 (1954–2024) MD 23 (1960–2023) UT 20 (1983–2026) VT 19 (1991–2026) WI 19 (1931–2019) MA 18 (1975–2010) DC 17 (1987–2025) NM 17 (1916–2024) KS 16 (1972–2022) TN 16 (1952–2019) AK 14 (1975–2024) GA 13 (1923–2022) CO 13 (1986–2024) NE 12 (1898–2026) VA 12 (1917–2026) LA 12 (1964–2021) RI 11 (1956–2019) ME 11 (1955–2020) MT 10 (1955–2020) MS 10 (1943–2017) SD 10 (1970–2023) OK 10 (1965–2011) ND 9 (1976–2024) AR 9 (1907–2014) WV 8 (1956–2024) ID 7 (1983–2005) VI 7 (1980–2023) NC 6 (1969–1998) HI 6 (1945–2020) WY 5 (1981–1992) SC 5 (1968–2023) KY 5 (1919–2016) NV 5 (1983–2017) NH 3 (1992–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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