The Economic Analysis of Tort Law

Author: David W. Barnes,Lynn A. Stout

Publisher: West Academic Publishing


Category: Law

Page: 161

View: 5255

Traces the analytical development of tort law through strict liability for dangerous activities to strict products liability. Begins with a straightforward negligence case and the Learned Hand characterization of reasonable behavior. Covers the economic implications of defenses to negligence claims-contributory and comparative negligence, last clear chance, and the assumption of risk. Addresses unforeseeable misuses, risk assumption, and determination of damages.

Cases and Materials on the Law of Torts

Author: George C. Christie,Joseph Sanders,W. Jonathan Cardi

Publisher: West Academic

ISBN: 9780314266941

Category: Law

Page: 1706

View: 6342

The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.

Cases and Materials on Torts

Author: John Diamond

Publisher: West Academic Publishing

ISBN: 9780314907158


Page: 905

View: 9991

This title is a part of our CasebookPlusâ,,¢ offering as ISBN 9781634608916. Learn more at The new edition focuses on the current controversies in Tort law. New changes in the law endorsed by the Restatement (Third) are explored. The casebook strives to invigorate the study of intentional torts by going beyond the traditional personal injury approach. Battery is considered in its increasing application in environmental litigation. The torts of intentional interference with contractual and economic relations, which almost all students will encounter in whatever field of practice (e.g. corporate, entertainment, public interest) they ultimately choose are introduced in the basic intentional tort section including the case that nearly bankrupt Texaco and the potential liability of an environmental public interest group for encouraging a boycott. The negligence section addresses controversies ranging from parental liability for failure to prevent a child from committing homicides, mental distress for exposure to toxic pollutants to tobacco industry liability. The necessity defense is considered in the context of Katrina. Negligence is critiqued from feminist, economic and other perspectives. Cases have been selected for their teachability and stimulation for students. Notes are straight forward to allow professors freedom to focus on policy concerns.

Cases and Materials on Torts

Author: David Robertson,William Powers, Jr.,Olin Wellborn, III,David Anderson

Publisher: West Academic Publishing

ISBN: 9781634608671


Page: 616

View: 5220

The casebook, which is organized along traditional doctrinal lines, teaches students how tort law works to resolve disputes in the real world of litigation and settlement negotiations. A teacher can start with intentional torts or with negligence. The first chapter is an overview of trial court procedure in tort cases; the second is a concise treatment of intentional torts and defenses; and the third introduces negligence law with a streamlined treatment of the core breach-of-duty/substandard conduct concept. Subsequent chapters treat the remainder of the prima facie case in negligence, the principal defenses to negligence liability, and some of the basic concepts entailed in multiparty litigation. The book's concluding chapters are basic coverage of medical malpractice, common law strict liability, products liability, and nuisance.

Ius Privatum Gentium

Festschrift Fur Max Rheinstein Zum 70. Geburtstag Am 5. Juli 1969

Author: Ernst von Caemmerer,Soia Mentschikoff,Konrad Zweigert

Publisher: Mohr Siebeck

ISBN: 9783166301129

Category: Law

Page: 1132

View: 8622

Catalog of Copyright Entries. Third Series


Author: Library of Congress. Copyright Office

Publisher: Copyright Office, Library of Congress


Category: Copyright

Page: 1806

View: 976

Includes Part 1, Number 1 & 2: Books and Pamphlets, Including Serials and Contributions to Periodicals (January - December)

Common Law Tort & Contract

Author: Thomas Lundmark

Publisher: LIT Verlag Münster

ISBN: 9783825837396

Category: Law

Page: 200

View: 6486

Basic Tort Law

Cases, Statutes, and Problems

Author: Arthur Best,David W. Barnes

Publisher: Aspen Law & Business


Category: Law

Page: 892

View: 7758

If you want your students to have a solid foundation in the doctrine, theory, and applications of tort law when they complete your course, this accessible coursebook deserves your careful consideration. Basic Tort Law: Cases, Statutes, and Problems presents a clear, explicit review of content, excellent case selection, and memorable, classtested problems.This concise, practical casebook was written with the needs of both instructors and students in mind: - the expert authors draw on their years of experience; Arthur Best is the author of the enormously successful Examples & Explanations study guide on Evidence - clear, direct text introduces cases and explains important concepts; nothing is hidden from the student - a balanced presentation of modern and classic cases includes Vaughan v. Menlove (standard of care), Vincent v. Lake Erie Transportation Co. (the doctrine of "incomplete privilege"), and Greenman v. Yuba Power (product liability) - appealing and memorable problems based on actual reported cases reinforce understanding and build analytical skills - the book is distinctly contemporary, reflecting the most current thinking on key issues - ample background information places cases and statutes in context - accessible notes highlight key issues, alternative perspectives, and basic theoryAn exceptionally thorough Teacher's Manual accompanies the book with: - sample syllabi and guidance for structuring four-and six-credit courses - detailed suggestions for class preparation, including specific tips on how to present the cases and materials - answers and analysis for all the problems and questions raised in the book - multiple choice and true/falsequizzes usable in an internet-based automatic quiz systemsGive your students a casebook that builds their confidence as it expands their knowledge--Best and Barnes' Basic Tort Law: Cases, Statutes, and Problems.

Cases and Materials on Advanced Torts

Economic and Dignitary Torts : Business, Commercial, and Intangible Harms

Author: Dan B. Dobbs,Ellen M. Bublick

Publisher: West Academic


Category: Law

Page: 751

View: 8796

This advanced torts casebook covers all the major business and dignitary torts, including defamation, privacy invasions, disparagement, bad faith breach of contract, breach of fiduciary duty, conversion of economic values, interference with contract and economic opportunity, unfair competition, and others. It examines essential policy issues involving free speech, free competition, and the question whether contract trumps tort in commercial transactions. It also includes material on developing law, such as internet issues, SLAPP statutes and analogous free speech issues, and the Economic Loss Rule (or Rules).

The Forms and Functions of Tort Law

Author: Kenneth S. Abraham

Publisher: West Publishing Company


Category: Law

Page: 285

View: 1879

The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham?s scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.

The Law of Business Torts and Unfair Competition

Cases, Materials, and Problems

Author: Colin Marks,Douglas Moll

Publisher: West Academic Publishing

ISBN: 9780314277862


Page: 895

View: 1539

This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model statutes, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, and the Uniform Trade Secrets Act. The authors have included numerous questions and problems to further students' thinking on more complex topics. The comprehensive Teacher's Manual answers every question and problem contained in the book.

Tort and Accident Law

Cases and Materials

Author: Robert E. Keeton,Lewis D. Sargentich,Gregory C. Keating

Publisher: West Academic


Category: Law

Page: 1286

View: 2864

Law school casebook patterned to reflect new developments in tort law and process. The casebook substantially reduces the emphasis heretofore given to negligence law and increases the attention focused on alternatives. Included throughout the book are cases that are useful on issues of substantive law, which also serve as excellent vehicles for an inquiry into process.

Collected Works

Author: Max Rheinstein

Publisher: Mohr Siebeck

ISBN: 9783166410623

Category: Law

Page: 977

View: 3997

Cases and Materials on Trade Secret Law

Author: Elizabeth Rowe,Sharon Sandeen

Publisher: West Academic Publishing

ISBN: 9781634605922


Page: 680

View: 5882

This is the second edition of the first casebook in the United States devoted exclusively to trade secret law. As with the successful first edition, it is challenging yet user-friendly to students in order to facilitate their reading and understanding of the material. It is designed to be used by law students (and business students) with no prior background in intellectual property law. Due to the breadth of the subject matter, professors who teach trade secret law need not be intellectual property experts, but can specialize in a variety of fields, including employment law, torts, and unfair competition. The casebook also provides the context to re-teach and reinforce many of the basic concepts of law that students learned as 1L's, including tort law, contract law, property law, civil procedure, constitutional law, and criminal law. This new edition includes timely additions relating to the Defend Trade Secrets Act of 2016 (DTSA) and the EU Trade Secret Directive, two laws that went into effect in mid-2016, and which are certain to change the landscape of trade secret law in the United States and Europe. Unlike the only other existing casebook on the topic, this book continues to focus on and teach the predominant source of trade secret law in the U.S., the Uniform Trade Secrets Act (UTSA) as interpreted by courts throughout the U.S. The authors have made conscious and thoughtful decisions about the way in which the information throughout the casebook is presented and organized. The general organization of the casebook follows a logical analytical approach to understanding trade secret law with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.


Cases and Materials

Author: Aaron D. Twerski,James A. Henderson,W. Bradley Wendel

Publisher: Kluwer Law International

ISBN: 9781454806240

Category: Law

Page: 985

View: 8953

This lean casebook is consciously designed to appeal to disenchanted users of the #1-selling Prosser casebook. Its content, organization, and cases-and-notes approach is explicitly modeled on Prosser, but the authors have capitalized on Prosser's weaknesses, focusing on providing key cases and concise, understandable notes. This book has the look and feel of Prosser, but will function much better for the many professors teaching a one-semester, four- or three-credit course. Features: Authorship--co-reporters of the Restatement (Third) of torts, and both known to be excellent teachers Conveys the core of Tort law through eminently teachable cases and informative topical notes Pedagogical notes challenge students to consider provocative questions about the cases Authors Dialogues feature informal, highly engaging discussions and debates between the authors that raise interesting and provocative points about the topic under consideration while modeling for students the skills of thinking aloud and persuasion Presents three- to five-line hypotheticals that test variations on fact patterns Fewer, more generously edited cases than Prosser New in the Third Edition: New co-author Bradley Wendel is a nationally known expert in the field of Professional Responsibility. He adds professional responsibility and legal ethic insights to the materials. Integrating this dimension to tort litigation issues will provide for exciting class discussion. A thorough integration of the newly completed Restatement (Third ) of Torts: Liability for Physical and Emotional Harm to all aspects of the material where the Restatement is of special relevance. Addition of cases adopting the Restatment view that foreseeability is not to be considered in making a duty determination. Many new hypotheticals taken from decided cases that raise novel issues of law. Professor Wendel will now be a third voice in the Authors' Dialogues. All chapters fully updated with new note material and new cases when necessary.


Cases and Materials

Author: Doug Rendleman

Publisher: West Group

ISBN: 9780314158611

Category: Law

Page: 924

View: 5206