Cases and Materials on Torts
The new edition focuses on the current controversies in Tort law. Changes in the law endorsed by the Restatement (3rd) 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.
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Selected Intentional Torts
Allstate Ins Co v Patterson 904 F Supp
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accident action activity alleged allow Appeals applied award battery Cal.Rptr California cause cause of action child circumstances claim common Company comparative compensation concern conclude condition conduct Consider constitute contract Corp cost court held damages dangerous death decision defective defendant defendant's determine direct distress doctrine duty emotional employee establish evidence existence F.Supp fact factors failed false foreseeable harm held hold imposed injury intentional interest involved issue judgment jury Justice Keeton land Law of Torts limited loss manufacturer matter mental negligence noted occurred operation parents party person physical plaintiff present principal protect prove question reasonable recover recovery relation relationship responsible Restatement Second result risk rule S.Ct standard statute strict liability substantial suffered supra Supreme Court theory third tion Torts trial victim warn wrongful