Studies in American Tort Law / Edition 3

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A careful mix of law, policy, ethics, and economics, Studies in American Tort Law is designed for first-year torts courses. Recognizing that torts is a prime battleground for social policy, this book seeks to reflect not only the current rules on injury compensation, but also the policy choices underlying those rules. Within a clear, doctrinal framework, a range of views is presented, reflecting dominant themes in tort law. Students are introduced to, but not overwhelmed with, law and economics. Economic analysis is employed when particularly useful (e.g., in connection with the negligence balancing test, strict liability, and calculation of damages). The law-and-economics notes can be used as a starting point for classroom discussion, or they can be allowed to stand on their own, without need for elaboration. The fourth edition includes: * Comprehensive citations to the Restatement, Third, of Torts * The latest Supreme Court precedent on punitive damages and preemption * Readable statutory excerpts reflecting new legislative developments * Careful attention to ethical issues in the practice of law * Scores of citations to new court decisions * Several new principal cases. The fourth edition is completely up-to-date to 2009, including a rich selection of materials reflecting the abundance of important recent developments in tort law. A comprehensive teacher's manual updated for the fourth edition, Teaching Torts, will be available. Mastering Torts: A Student's Guide to the Law of Torts (4th ed.), a short narrative text which parallels the casebook, assists students to fully understand this area of law. A Power Point file containing roughly 200 slides corresponding to Studies inAmerican Tort Law is available to adopting professors.
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Product Details

  • ISBN-13: 9781594600340
  • Publisher: Carolina Academic Press
  • Publication date: 12/30/2004
  • Series: Carolina Academic Press Law Casebook Series
  • Edition description: 3RD
  • Edition number: 3
  • Pages: 1120
  • Product dimensions: 7.30 (w) x 10.10 (h) x 2.30 (d)

Meet the Author

Vincent R. Johnson is the Associate Dean for Academic and Student Affairs and a professor of law at St. Mary's University School of Law. Alan Gunn is the John N. Matthews Professor of Law at the University of Notre Dame Law School.
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Table of Contents

Ch. 1 An overview of modern tort liability : intentional injury, failure to exercise care, and strict liability 3
Ch. 2 Basic intentional torts 41
Ch. 3 Defenses and privileges 135
Ch. 4 Damages 181
Ch. 5 Negligence : basic principles 237
Ch. 6 Proving negligence 331
Ch. 7 Factual causation 363
Ch. 8 Proximate causation 419
Ch. 9 Limited duty : failure to act 471
Ch. 10 Limited duty : premises liability 533
Ch. 11 Limited duty : negligent infliction of severe emotional distress 577
Ch. 12 Limited duty : alcohol-related injuries 615
Ch. 13 Torts involving conception, pregnancy, birth, and adoption 631
Ch. 14 Strict liability 657
Ch. 15 Products liability 699
Ch. 16 Defenses based on plaintiff's conduct 763
Ch. 17 Joint tortfeasors 807
Ch. 18 Immunities 837
Ch. 19 Statutes of limitations 861
Ch. 20 Interference with possession or use of land : trespass and nuisance 879
Ch. 21 Misrepresentation 923
Ch. 22 Defamation 965
Ch. 23 Invasion of privacy 1033
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