This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
Author: Carol Harlow
Publisher: Sweet & Maxwell
Category: Human rights
Author: John L. Diamond,Lawrence C. Levine,Anita Bernstein
JumpStart is a new study aid series covering the first-year course areas. Each title is a short book, roughly 170 pages, that addresses a problem students experience as they navigate their first year courses. Often first year students are expected to learn substantive law by reading judicial opinions without a framework or process to help them comprehend what they are reading. The JumpStart series supplies the context and prepares students to apply the rules in a litigation context. Titles in the series can be used as a general introduction to law school or as an introduction to torts. The books are most useful early in the first semester as well as in orientation courses or as summer reading for students entering their first year of law school. The series will appeal to academic success/support coordinators as well as the course-area professors. Ross Sandler is the series editor. His JumpStart: Torts is the first title in the series. JumpStart: Torts offers a detailed step-by-step approach to the stages of litigation, beginning with stating a theory of the case, moving through determining facts and making motions to receiving the holding of the case. Legal reasoning and the litigation process are taught via numerous judicial opinions with full analysis of each. Judicial opinions and analyses are made comprehensible without in-class explanation in a straightforward, clear, and informal writing style. Class-tested for success, JumpStart: Torts features pedagogical elements that support learning and facilitate use. As with each book in the series, the opening chapter provides a glossary of the terms, idioms, and procedures encountered in reading cases in tort law. Many judicial opinions are accompanied by an artist-drawn "cartoon" that illustrates the conflict or issue of the case. Short, easy-to-read opinions focus on ordinary situations with simple fact patterns that apply settled rules of law and principles. The book ends with a Practice Exam: a clear explanation of how to approach the typical torts essay exam question as well as insight into how professors grade exams. The chapter ends with a practice essay question. Two sample answers are included: a strong answer and a weaker answer. Each answer includes notes that point out where students did well and where they could improve their answers. Features: Detailed step-by-step approach to the stages of litigation begins by stating a theory of the case moves through determining fact and making motions to receiving the holding of the case Illustrates legal reasoning and the litigation process teaches through numerous judicial opinions with analysis Judicial opinions and analyses comprehensible without in-class explanation Straightforward, clear, informal style Class-tested material Pedagogical features Opening chapter glossary of the terms, idioms, and procedures encountered in reading cases
Reading and Understanding Torts Cases
Author: Ross Sandler
Publisher: Wolters Kluwer Law & Business
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
Author: Gerald J. Postema
Publisher: Cambridge University Press
Tried and tested by generations of students, Street on Torts can be trusted to provide a clear and accurate explanation of tort law. In this edition, John Murphy has thoroughly rewritten the book to bring a fresh and readable style to this classic text. Students new to tort law can read treet chapter by chapter as they work through their lectures: the book has been substantially restructured to map closely to a typical undergraduate law course and provides all the essential material in one volume. Street's broad coverage has been maintained toensure it appeals to a wide range of institutions as a main course text. This edition provides a strong anaylsis of case law, explaining how torts actually work and examining the social purposes behind them. The importance of the Human Rights Act is traced thoughout the book, and a new chapter has been included on the misuse of private information to reflect this rapidly developing area of the law. Further reading sections have been added to the end of each chapter. Online Resource Centre The twelfth edition of Street on Torts is accompanied by an Online Resource Centre providing twice-yearly updates, giving students easy access to key developments in the law.
Author: John Murphy
Publisher: Oxford University Press, USA
Providing a sound introduction to law and the American legal system, this well-written and easy-to-follow guide to understanding torts shows readers the critical role this branch of law plays and how it affects people from all walks of life. Begins with an introduction to laws, followed by an introduction to torts, then offer full chapter coverage on torts to the person, property, and reputation; malpractice; torts to other civil rights; defenses, remedies and damages involving the torts learned; and careers in torts for attorneys and paralegals. Discusses general—not state-specific—tort laws, and shows that the basic concepts of tort law are rooted in a particular set of ideas which do not change with each new legislative session. Integrates many examples throughout to clarify material, add perspective, and deepen understanding. For legal assistants, court reporters, personal injury lawyers, entertainment lawyers, or anyone who wants a fundamental understanding of torts.
Author: Constantinos E. Scaros
Publisher: Allyn & Bacon
Category: Business & Economics
Here is broad coverage of all the key topics in tort law that paralegals need to know, written in an engaging style with plenty of examples and illustrations. With an understanding of how law firms function in the real world, students develop practical skills¿assessing cases for settlement value, investigating claims, billing hours, evaluating insurance policies, and more. One hypothetical case runs through Tort Law for Paralegals, providing a coherent framework for illustrating a multitude of topics. Forms and court documents relevant to this case are included in the appendix. A well-developed pedagogy features chapter objectives; “Issue at a Glance” boxes that summarize important legal concepts; marginal definitions; a wealth of figures, tables, and diagrams; Key Terms, Review Questions, and “Applying What You Have Learned” exercises; case excerpts; and features that prepare students for their jobs such as “Skills You Need in the Real World,” “Life of a Paralegal,” and a list of Web sites for gathering more information. Ethical issues are highlighted, with a separate section on ethics at the end of each chapter.
Author: Neal R. Bevans
Publisher: Wolters Kluwer Law & Business
"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner
A Battle at the Crossroads of Gun Control and Mass Torts
Author: Timothy Lytton
Publisher: University of Michigan Press
Category: Business & Economics
This text provides tools for a comprehensive and thorough understanding of tort law. It organizes tort law concepts in outline form so that students can see law context and relationships. Updated material includes coverage of comparative fault, products liability, medical and other professional negligence liability, retaliatory discharge, liability for activities causing only economic harm, statute of limitations and repose, causation (market share and enterprise liability, liability for reduced chance), and allocation of damages among tortfeasors. A text correlation chart, cross-references to leading casebooks on tort law, examples, Q&A, and a practice examination are also included.
Author: Edward J. Kionka
Publisher: West Academic Publishing
NEW in paperbackFrom the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non."Edwin Peel, The Law Quarterly Review, 1999" These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis"Andrew Tettenborn, The Cambridge Law Journal, 1999 .."quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important."Paul Kearns, Anglo-American Law Review, 1999"an extremely important work, produced by a leading academic."David Wright, Adelaide Law Review
Essays on Contract, Tort and Restitution
Author: Andrew S. Burrows
Publisher: Hart Publishing
The law of tort occupies a central position in defining the legal obligations between individuals not to cause each other harm or injury. For academics it is a crucial area of study and for practitioners it is an essential area of knowledge.Now in its Second edition this title covers the general principles of tortious liability and a wide range of specific torts. It provides an accessible, comprehensive and authoritative account of the law as it is and how it is likely to develop.The new edition includes ground breaking cases such as Barker v Corus on causation, Viasystems on vicarious liability, and Jameel on defamation, plus a preliminary analysis of OBG v Allan in the area of economic torts. There is also full treatment of the Compensation Act 2006, and two wholly new chapters on Privacy and Deceit & Misrepresentation.An indispensable reference which will broaden the practitioner’s understanding and knowledge of what is a fast-moving and complex area of law.The book is part of the Common Law menu which is supported by annual updates.
Author: Ken Oliphant
Historical insights and a fresh perspective on the politics and possibilities for sensible tort reform
Rethinking Tort Reform for the Twenty-First Century
Author: Virginia Nolan,Edmund Ursin
Publisher: Temple University Press
Richard Kidner's established 'Casebook on Torts' is an essential casebook for students of tort law. The case selection for this book has been based upon the standard cases, and the extracts outline the reasoning behind each case decision.
Author: Richard Kidner
Publisher: Oxford University Press
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Author: Donal Nolan,Andrew Robertson
Publisher: Bloomsbury Publishing
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Author: James Goudkamp
Publisher: Bloomsbury Publishing
Author: Lawrence C. Levine,Julie A. Davies,Edward J. Kionka
Publisher: Anderson Publishing Company (OH)
Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.
Author: John C.P. Goldberg,Benjamin C. Zipursky
Publisher: Oxford University Press
The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts. Chapter One is unique among American torts casebooks in its examination of how the dominant twenty-first century tort theories influence judicial decisionmaking and scholarship. That chapter explains six key perspectives on tort law: • Law and Economics; • Corrective Justice; • Critical Race Theory; • Critical Feminism; • Pragmatism; and • Social Justice Chapter One references the famous McDonald's hot coffee litigation as a case study to illustrate these perspectives in action. Subsequent chapters continue to work through that case study and continually reference the perspectives to explain or challenge the decided cases. The authors seek to provide students with innovative cases and problems, empowering them with practical skills. By exposing students to the most important contemporary tort law theories, the Fourth Edition of this casebook encourages students to go beyond passively memorizing case holdings and the voyeuristic experience of reading appellate opinions and truly gain perspectives on tort law. This eBook features links to Lexis Advance for further legal research options.
Author: Thomas C. Galligan Jr.,Phoebe A. Haddon,Frank L. Maraist,Frank M. McClellan,Michael Rustad,Nicolas P. Terry,Stephanie M. Wildman