Studies in American Tort Law
Studies in American Tort Law introduces students to -- but is careful not to overwhelm them with -- law and economics. At appropriate junctures, economic issues are explored, as in connection with the negligence balancing test and the materials on damages, nuisance, and strict liability. The goal is not to view all of tort law through an economic lens, but to employ economic analysis when it is particularly useful. This approach allows professors from the law-and-economics school to use the materials in the text as a starting point for classroom discussions; those who eschew economic analysis can allow the economic commentary to stand on its own.Several features of the book are noteworthy: first, vivid, memorable cases are used as the primary vehicle for teaching torts, but special effort is also made to integrate statutory law into the text. In particular, careful attention is paid to the reflexive process through which judge-made law and legislation influence one another. Second, the significance of liability insurance is highlighted so that students come to appreciate the critical role that insurance plays in the resolution of real cases. Third, ethics notes are included throughout the book for the purpose of sensitizing students to the difficult ethical questions that practicing lawyers face each day. Fourth, the text explorers a number of issues associated with the law and feminism movement that raised questions of social justice of concern to all lawyers.The second edition of Studies in American Tort Law is completely up-to-date. It includes 14 new principal cases, citations to almost 600 new decisions, and a rich selection of materials reflecting the numerous recentlegislative changes to the law of torts. A fully revised second edition of the teacher's manual (Teaching Torts) and student study guide (Mastering Torts) will also be available.
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accident activity affirmed alleged apply assault attorney award battery breach causation cause of action child Citation claim common law comparative negligence 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 fact factor failure foreseeable Guest Statute harm held liable hold imposed infliction injury intentional involved issue Judge jury Justice Keeton limited litigation loss malpractice manufacturer medical malpractice owner parents party physical plaintiff premises present products liability Prosser protect proximate cause punitive damages question reasonable recover recovery res ipsa loquitur rescue doctrine Restatement result risk rule safety sexual standard statute strict liability suffered summary judgment superseding cause supra Supreme Court T]he tion tort law tort liability tortious trespass trial court unreasonable verdict victim violation warn wrongful death