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.
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accident action activity adopted affirmed alleged allow amount Appeals apply award cause child circumstances Citation City claim common comparative compensation condition conduct consent consequences consider Corp costs created damages danger death decision defective defendant defendant's determine direct doctrine driving duty effect emotional distress employee established evidence example exercise existence fact factors failed failure fault foreseeable give harm held hold imposed infliction injury instruction intentional interest involved issue Judge judgment jury Justice land limited loss manufacturer matter means mental negligence occurred operation opinion parents particular party person physical plaintiff practice present protection proximate question reasonable recover recovery responsible Restatement result risk rule safety Second standard statute strict liability suffered Supreme Court third tion tort trial victim warning wrongful