Cases and Materials on the Law of Torts
- ISBN-10
- 1609302672
- ISBN-13
- 9781609302672
- Series
- Cases and Materials on the Law of Torts
- Category
- Law
- Pages
- 991
- Language
- English
- Published
- 2014-12-30
- Publisher
- Foundation Press
- Authors
- Jr., Fleming James, Harry Shulman
Description
For more than seventy years, leading torts scholars at the Yale Law School and elsewhere have used this casebook. It unconventionally begins with strict liability. A recent study published by theArizona State Law Journal shows that this sequence results in students experiencing a greater appreciation of “the judge's role as being influenced by social, economic, and ideological factors and a sense of fairness and less as a process of rule application than do students who begin their study with either intentional torts or negligence.” The Sixth Edition is more accessible to students because of substantially expanded textual explanations and more tightly edited opinions. Updates include frequent discussions of Restatement (Third) provisions and a significant number of recently decided cases including several from the Supreme Court addressing products preemption, displacement in climate change litigation, and First Amendment limits on liability for intentional infliction of emotional distress. Comprehensive Changes A new appendix to the casebook, “The Litigation Process,” facilitates the student's introduction to the torts litigation process. Relevant provisions of the recently adopted Restatement (Third) of Torts are quoted throughout the text. The Sixth Edition adds an unusual number of recently decided cases, including several from the Supreme Court of the United States addressing issues such as preemption, displacement in climate change litigation, and First Amendment limits on the tort of intentional infliction of emotional distress. The amount of textual explanation in introductions and in notes has been greatly expanded to facilitate the student's understanding. In addition, the enhanced notes often ask students to consider newly added questions as they read the opinions and prepare for classroom discussion. The excerpted opinions are more tightly edited. The chapter in the previous edition that addressed damages has been split into two chapters, one covering “Damages” and the other, “Other Limitations on Liability Based on Type of Harm.”
Get the book
Other editions
Similar books
-
Property Law: Rules, Policies, and Practices
By Joseph William Singer, Bethany R. Berger, Nestor M. DavidsonSee also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...
-
Entertainment Law and Business
By William D. Henslee, Elizabeth HensleeAfter Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.
-
The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
By William E. NelsonVolume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...
-
The Indiana State Constitution
By William P. McLauchlanE. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.
-
Child Support Guidelines: Interpretation and Application
By Laura W. MorganFitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.
-
Maritime Fraud and Piracy
By Paul ToddThe sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...
-
Principles of the Carriage of Goods by Sea
By Paul ToddNormally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...
-
Maryland Employment Law
By Stanley Mazaroff, Todd Horn27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .
-
Contract Law in New Zealand
By Stephen Todd, Jeremy Finn704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...
-
Tort Law in New Zealand
By Stephen Todd... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.