The Structure Of Tort Law

Author : William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 356 pages
File Size : 46,5 Mb
Release : 1987
Category : Business & Economics
ISBN : 0674230515

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The Economic Structure of Tort Law by William M. Landes,Richard A. Posner Pdf

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 : Nils Jansen
Publisher : Oxford University Press
Page : 577 pages
File Size : 45,6 Mb
Release : 2021-12-17
Category : Law
ISBN : 9780191015106

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The Structure of Tort Law by Nils Jansen Pdf

This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.

Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 41,5 Mb
Release : 1993
Category : Damages
ISBN : 0921801874

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Tort Theory by Kenneth D. Cooper-Stephenson Pdf

Author : Peter Cane
Publisher : Bloomsbury Publishing
Page : 145 pages
File Size : 53,6 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781509909438

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Key Ideas in Tort Law by Peter Cane Pdf

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 : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2022
Category : Torts
ISBN : 0199365962

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Common Law and Civil Law Perspectives on Tort Law by Mauro Bussani,Anthony James Sebok,Marta Infantino Pdf

"The book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within each of these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, theories, styles of reasoning, and cultures of tort law across the Atlantic"--

Author : Peter Cane
Publisher : Hart Publishing
Page : 263 pages
File Size : 50,6 Mb
Release : 1997-06-19
Category : Law
ISBN : 9781901362091

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The Anatomy of Tort Law by Peter Cane Pdf

Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.

Author : Ernest J. Weinrib
Publisher : Routledge
Page : 586 pages
File Size : 53,8 Mb
Release : 2018-04-27
Category : Social Science
ISBN : 9781351760768

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Tort Law by Ernest J. Weinrib Pdf

This title was first published in 2002. The first series of The International Library of Essays in Law and Legal Theory has established itself as a major research resource. The rapid growth of theoretically interesting scholarly work in law has increased a demand for a Second Series which includes significant recent work and also gives an opportunity to include additional areas of law. The new series follows the successful pattern established in the first of reproducing entire essays with the original page numbers as an aid to comprehensive research and accurate referencing. Volume editors have selected not only the most influential essays but those which they consider will be of greatest continuing importance. Each volume has an introduction which explains the context and the significance of the essays chosen.

Author : Allan Beever
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 51,6 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781509903207

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A Theory of Tort Liability by Allan Beever Pdf

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Author : Joseph W. Glannon
Publisher : Aspen Publishing
Page : 1137 pages
File Size : 50,9 Mb
Release : 2020-02-04
Category : Law
ISBN : 9781543817102

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Examples & Explanations for The Law of Torts by Joseph W. Glannon Pdf

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple languagechallenges your understanding with hypotheticals similar to those presented in classprovides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysisquickly gets to the point in conversational style laced with humorremains a favorite among law school studentsis often recommended by professors who encourage the use of study guidesworks with ALL the major casebooks, suits any class on a given topicprovides an alternative perspective to help you understand your casebook and in-class lectures

Author : Mark Geistfeld
Publisher : Aspen Publishing
Page : 444 pages
File Size : 47,9 Mb
Release : 2022-10-26
Category : Law
ISBN : 9781454861805

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Tort Law by Mark Geistfeld Pdf

Tort Law: The Essentials is part of Aspen’s new Essentials Series, which takes a “forest rather than the trees” approach by first exposing students to the subject as a whole before delving deeply into individual legal rules. This insightful paperback concentrates on the fundamentals and uses an informal, personal style to explain the essential concepts and doctrines of tort law. Suitable for use with any casebook, this resource will help students recognize and understand how common themes enhance their ability to comprehend doctrinal issues.

Author : James A. Henderson,Douglas A. Kysar
Publisher : Aspen Publishing
Page : 1540 pages
File Size : 41,7 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781543838961

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The Torts Process by James A. Henderson,Douglas A. Kysar Pdf

Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.

Author : Gerald Henry Louis Fridman
Publisher : Unknown
Page : 174 pages
File Size : 51,6 Mb
Release : 2017-11
Category : Torts
ISBN : 0433495545

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Torts by Gerald Henry Louis Fridman Pdf

Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 43,7 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385

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Philosophical Foundations of the Law of Torts by John Oberdiek Pdf

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Author : James A. Henderson,Richard N. Pearson,John A. Siliciano
Publisher : Unknown
Page : 920 pages
File Size : 42,7 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105060330292

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The Torts Process by James A. Henderson,Richard N. Pearson,John A. Siliciano Pdf

While updating this popular casebook for its Sixth Edition, the authors maintained the qualities that have made it so successful. Still highlighting the system by which torts are adjudicated, The Torts Process remains carefully balanced in outlook and exceptionally student-friendly in presentation.The features praised by long-time users are all retained: - the effective problems approach that challenges student understanding through the use of both theoretical and real-life situations - superior explanation of the overarching structure and organization of tort law, conveyed by a clear, balanced presentation - a lively mix of problems, cases, excerpts, notes, and questions to hold student interest - a straightforward Teacher's Manual, refined through years of use, with a sample syllabus and guidance on the most effective use of the problemsThoroughly revised to reflect developments in the law, The Torts Process, Sixth Edition, now offers: - expanded coverage of products liability, designed especially for first-year classes by James A. Henderson, who is one of the reporters for the Restatement of the law of Third Products Liability - revised Law and Behavior continuing notes to include the latest in behavioral science and law research - treatment of the American Law Institute's May 2002 Restatement of the Law Third, Torts: Apportionment of Liability - current coverage of defamation and privacy - recent U.S. Supreme Court cases, including Daubert - new problems integrated with the best from previous editions for the convenience of instructors, problems deleted from the text can now be found in the Teacher's ManualThis classic casebook earned a reputation forauthority, currency, and classroom effectiveness. Be sure to review The Torts Process, Sixth Edition, before you select materials for your next course.

Author : Sandy Steel
Publisher : Cambridge University Press
Page : 461 pages
File Size : 49,7 Mb
Release : 2015-09-11
Category : Law
ISBN : 9781107049109

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Proof of Causation in Tort Law by Sandy Steel Pdf

A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.