Studies in American Tort Law
A careful mix of law, policy, ethics, and economics, Studies in American Tort Law is designed for first-year torts courses. Recognizing that torts is a prime battleground for social policy, this book seeks to reflect not only the current rules on injury compensation, but also the policy choices underlying those rules. Within a clear, doctrinal framework, a range of views is presented, reflecting dominant themes in tort law. Students are introduced to, but not overwhelmed with, law and economics. Economic analysis is employed when particularly useful (e.g., in connection with the negligence balancing test, strict liability, and calculation of damages). The law-and-economics notes can be used as a starting point for classroom discussion, or they can be allowed to stand on their own, without need for elaboration. The fourth edition includes: * Comprehensive citations to the Restatement, Third, of Torts * The latest Supreme Court precedent on punitive damages and preemption * Readable statutory excerpts reflecting new legislative developments * Careful attention to ethical issues in the practice of law * Scores of citations to new court decisions * Several new principal cases. The fourth edition is completely up-to-date to 2009, including a rich selection of materials reflecting the abundance of important recent developments in tort law. A comprehensive teacher's manual updated for the fourth edition, Teaching Torts, will be available. Mastering Torts: A Student's Guide to the Law of Torts (4th ed.), a short narrative text which parallels the casebook, assists students to fully understand this area of law. A Power Point file containing roughly 200 slides corresponding to Studies in American Tort Law is available to adopting professors. To request the file, contact Vincent R. Johnson at firstname.lastname@example.org.
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Table of Books and Articles
Fourth Edition Preface and Acknowledgments
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accident affirmed alleged apply assault attorney battery breach causation cause of action child circumstances claim client compensation conduct consent contributory negligence Corp costs court held Court of Appeals criminal dangerous decision defective defendant defendant's determine doctrine driving duty emotional distress employee evidence exercise fact factor failed foreseeable harm held liable holding imposed infliction of emotional injury invitee involving issue jury lawyer limited litigation loss loss of consortium malpractice manufacturer medical malpractice mental negligent infliction owner parents party physical plaintiff premises present protect proximate cause punitive damages reasonable recover recovery relationship res ipsa loquitur rescue doctrine Restatement result risk rule safety sexual standard statute strict liability suffered summary judgment superseding cause Supreme Court T]he tion tort law tortious transferred intent trespass trial court vicarious liability victim violation warn Westlaw wrongful death