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Author : Thomas Koenig,Michael Rustad
Publisher : NYU Press
Page : 363 pages
File Size : 47,7 Mb
Release : 2003-10
Category : Law
ISBN : 9780814747582
Tort law is a good thing (whatever it is....).
Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 43,9 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782255420
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Author : John C. P. Goldberg,Benjamin Charles Zipursky
Publisher : Oxford Introductions to U.S. L
Page : 437 pages
File Size : 40,5 Mb
Release : 2010
Category : Law
ISBN : 9780195373974
Christina Brooks Whitman, Francis A. Allen Collegiate Professor of Law, University of Michigan Law School --
Author : James Underwood
Publisher : Aspen Publishing
Page : 1146 pages
File Size : 53,8 Mb
Release : 2018-03-30
Category : Law
ISBN : 9781454898467
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.
Author : Keith N. Hylton
Publisher : Cambridge University Press
Page : 465 pages
File Size : 44,8 Mb
Release : 2016-06-06
Category : Law
ISBN : 9781107125322
This book modernizes the traditional tort law textbook by combining in-depth analysis of policy with detailed discussion of legal doctrine.
Author : European Group on Tort Law
Publisher : Principles of European Tort Law
Page : 0 pages
File Size : 55,7 Mb
Release : 2020
Category : Comparative law
ISBN : 1780689632
Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
Author : Edward J. Kionka
Publisher : West Academic Publishing
Page : 388 pages
File Size : 45,7 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063260389
This text provides tools for a comprehensive and thorough understanding of tort law. It organizes tort law concepts in outline form so that students can see law context and relationships. Updated material includes coverage of comparative fault, products liability, medical and other professional negligence liability, retaliatory discharge, liability for activities causing only economic harm, statute of limitations and repose, causation (market share and enterprise liability, liability for reduced chance), and allocation of damages among tortfeasors. A text correlation chart, cross-references to leading casebooks on tort law, examples, Q&A, and a practice examination are also included.
Author : Johnny Ch Lok
Publisher : Unknown
Page : 222 pages
File Size : 42,9 Mb
Release : 2019-09-05
Category : Electronic
ISBN : 1691185086
(10)Strict liability torts and Vicarious liabilityStrict LiabilityStrict or absolute liability is the legal responsibility for damage or injury, even if the person found strictly liable was not at fault. In order to prove strict liability in tort, plaintiff needs to prove only that the tort happened and that the defendant was responsible for the act or omission. In the case of strict liability in the USA, neither good faith nor the fact that the defendant took all possible precautions is a valid defense. A common example of strict liability is imposing product liability in the case of defectively manufactured products.Strict liability applies especially in cases involving hazardous or dangerous activities.Generally, liability based on a tort only arises where the defendant either intended to cause harm to the plaintiff or in situations where the defendant is negligent. However, in some areas, liability can arise even when there is no intention to cause harm or negligence. For example, when a contractor uses dynamite which causes debris to be thrown onto the land of another and damages a landowner's house, the landowner may recover damages from the contractor even if the contractor was not negligent and did not intend to cause any harm. Basically, society is saying that the activity is so dangerous to the public that there must be liability. However, society is not going so far as to outlaw the activity.Example: Acme Construction Company was constructing a highway. It was necessary to blast rock with dynamite. The corporation's employees did this with the greatest of care. In spite of theirprecautions, some flying fragments of rock damaged a neighboring house. The owner of the house sued the corporation for damages. The corporation raised the defense that the owner was suing for tort damages and that such damages could not be imposed because the corporation had been free from fault. Was this defense valid? No. While ordinarily fault is the basis of tort liability, there are cases in which absolute liability is imposed on the actor. This means that when harm is caused, it is no defense that none was intended or that due care had been exercised to prevent the harm.Other examples of absolute liability situations would be harm caused by storage of flammable gas and explosives, factories which produce dangerous fumes or smoke in populated areas, and the production of nuclear material. Vicarious liability is the responsibility of the superior for the acts of their subordinate. It is the responsibility of a third party who has the right, ability or duty to control the activities of a violator.Typically liability flows from the relationship of master and servant. The relationship includes thepower to direct the servant in the execution of the duties of his/her employment, and to control theacts that no injury is done to third persons.An employer can be held vicariously liable for an employee's tortious act against the person orproperty of a third party in a transaction of the employer's business. If a negligent act is committed by an employee acting within the general scope of her or his employment, the employer will be held liable for damages. For example, if the driver of a gasoline delivery truck runs a red light on the way to a gas station and strikes another car, causing injury, the gasoline delivery company will be responsible for the damage if the driver is found to be negligent.
Author : Peter Cane
Publisher : Bloomsbury Publishing
Page : 145 pages
File Size : 49,7 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781509909438
This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School
Author : William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 356 pages
File Size : 47,5 Mb
Release : 1987
Category : Business & Economics
ISBN : 0674230515
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author : Thomas C. Galligan
Publisher : LexisNexis/Matthew Bender
Page : 1092 pages
File Size : 48,7 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105064206167
Author : Darrow Legal Darrow Legal Notes
Publisher : Createspace Independent Publishing Platform
Page : 96 pages
File Size : 54,8 Mb
Release : 2016-11-01
Category : Electronic
ISBN : 1540650235
Tort Law Summary Notes Designed specifically for the first year law student! Darrows Legal Notes is a law school outline covering the principles of Torts from one of the biggest names in law school study aids. You've seen your classmates pore through them and soon you'll know why: Darrows Legal Notes are among the very best commercial legal study guides available. Torts topics covered include: Intentional Torts Against the Person: "Intent" Defined; Nominal and Punitive Damages; Scope of Liability; Battery; Assault; False Imprisonment; Mental Distress; Intentional Interference with Property: Land Trespass, Trespass to Chattles; Conversion Defenses to Intentional Torts: Consent, Self-Defense, Defense of Others, Defense of Property; Arrest; Authority of Law; Justification; Negligence Generally: Components; Unreasonable Risk; Reasonable Person; Rules Governing Behavior; Malpractice; Violation of Statutes; Jury Trials; Res Ipsa Loquitur; Actual & Proximate Cause: Causation in Fact, Foreseeability, Intervening Cause; Joint Tortfeasors: Liability, Satisfaction, Release, Contribution; Indemnity Duty: Failure to Act; Effect of Contract; Mental Suffering; Unborn Children; Pure Economic Loss Owners and Occupiers of Land: Outside Premises, Injuries on Premises, Trespassers, Licensees, Invitees; Rejection of Categories; Lessors & Lessees; Vendor & Vendees; Damages: Personal Injury, Punitive, Recovery by Spouse of Children Wrongful Death Actions; Defenses in Negligence Actions: Contributory, Comparative, Assumption of Risk, Immunities; Vicarious Liability: Employer-Employee, Independent Contractors, Joint Enterprise; Strict Liability: Animals, Abnormally Dangerous Activities, Limitations on Strict Liablity; Worker's Compensation; Products Liability: Negligence, Warranty, Strict Liability, Duty to Warn, Designer Defects; Defenses; Statute of Limitations; Nuisance: Public, Private; Misrepresentation; Defamation. If you're looking for a study guide, we highly recommend the complete Darrows Legal Notes series! Don't get left behind.
Author : Joseph W. Glannon
Publisher : Unknown
Page : 664 pages
File Size : 51,9 Mb
Release : 2005
Category : Torts
ISBN : STANFORD:36105064206597
Both students and instructors will welcome the new edition of Joseph W. Glannon's the Law of Torts: Examples & Explanations . This popular study guide provides clear, engaging introductions To The principles of tort law, along with interesting examples that illustrate how the principles apply in typical cases. These distinctive characteristics earned the book its reputation for effectiveness: highly respected author, whose best-selling Civil Procedure: Examples & Explanations uniquely entertaining writing style that captures and holds student interest coverage of the standard topics from most Torts courses - intentional torts, negligence, causation, duty, damages, liability of multiple defendants, And The effect of the plaintiff's conduct three-chapter section on Taking a Torts Essay Exam supplies guidance, tips, and sample exam questions and answers the Third Edition introduces important new material: two new chapters on Products Liability, one on theories of recovery in strict products liability cases and one on common defenses to strict products liability claims completely updated text, with citations reflecting the most current law
Author : Marshall S. Shapo
Publisher : West Academic Publishing
Page : 518 pages
File Size : 43,5 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063691591
Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.
Author : Alan Calnan
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2013
Category : Actions and defenses
ISBN : 1611634024
According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. Until that action is backed by proof, it operates much like an unjustified criminal prosecution, wrongfully infringing the due process rights of those it places in legal jeopardy. The Right to Civil Defense in Torts explores this previously hidden but politically critical side of torts. Drawing upon a unique mixture of historical, doctrinal, statutory, and constitutional sources, Civil Defense reaches the explosive conclusion that civil defendants enjoy a fundamental right against tort litigation so long as it remains unsubstantiated. While this right to civil defense is honored in some tort suits, it is routinely violated in negligence cases, where plaintiffs may proceed without establishing probable cause for their actions. Civil Defense solves this problem by proposing a revolutionary prescreening procedure in all negligence litigation. By simultaneously exposing and strengthening torts' defensive protections, this book promises to discredit the prevailing one-dimensional conception of torts while laying the groundwork for a more robust, balanced, and multifaceted approach. Given the breadth of its analysis, Civil Defense should appeal to policymakers, academics, graduate and undergraduate students, and anyone interested in legal history, political theory, moral philosophy, and constitutional jurisprudence.
