Cases and Materials on Torts: [Connected eBook with Study Center]

by Richard A. Epstein, Catherine M. Sharkey

Overview

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Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts.

Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials.

New to the Thirteenth Edition:

• Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns.
• Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies.
• Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers.
• Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender.
• A more streamlined casebook appropriate for a comprehensive 1L Torts course.

Professors and students will benefit from:

• Clear organizational framework of the book
• Important historical lines of cases that help understand legal reasoning and the evolution of precedent
• Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law
• Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts
• Great attention given to cutting edge tort developments

Product Details

ISBN-13:	9798889060567
Publisher:	Wolters Kluwer Law & Business
Publication date:	02/01/2024
Series:	Aspen Casebook Series
Edition description:	Thirteenth Edition
Pages:	800
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

TABLE OF CONTENTS

Preface\x09

Acknowledgments

Introduction\x09\x09\x09

PART ONE. PHYSICAL AND MENTAL HARMS

Chapter One:. Intentionally Inflicted Harm: The Prima Facie Case and Defenses

A. Introduction\x09

B. Physical Harms

C. Emotional and Dignitary Harms

Chapter Two: Strict Liability and Negligence: Historic and Analytic Foundations

A. Introduction\x09

B. The Early Cases

C. The Forms of Action

D. Strict Liability and Negligence in the Last Half of the Nineteenth Century

E. Strict Liability and Negligence in Modern Times

Chapter Three: The Negligence Issue

A. Introduction\x09

B. The Reasonable Person

C. Calculus of Risk

D. Custom\x09\x09

E. Statutes and Regulations

F. Judge and Jury

G. Proof of Negligence

\x09\x09

Chapter Four: Plaintiff’ s Conduct

A. Introduction\x09

B. Contributory Doctrine

C. Imputed Contributory Negligence

D. Assumption of Risk

E. Comparative Negligence

Chapter Five: Multiple Defendants: Joint, Several, and Vicarious Liability

A. Introduction\x09

B. Joint and Several

C. Vicarious Liability

\x09\x09\x09\x09

Chapter Six: Causation\x09

A. Introduction\x09

B. Cause in Fact\x09

C. Proximate Cause (Herein of Duty)

\x09\x09

Chapter Seven: Affirmative Duties

A. Introduction\x09

B. The Duty to Rescue

C. Duties of Owners and Occupiers

D. Gratuitous Undertakings

E. Special Relationships

Chapter Eight: Traditional Strict Liability

A. Introduction\x09

B. Conversion\x09

C. Animals\x09\x09

D. Ultrahazardous or Abnormally Dangerous Activities

E. Nuisance\x09\x09

Chapter Nine: ProductsLiability

A. Introduction\x09

B. Exposition\x09

C. The Restatement

D. Product Defects

E. Plaintiff’ s Conduct

Chapter Ten: Damages\x09

A. Introduction\x09

B. Recoverable Elements of Damages

C. Contingency Fees, Fee-Shifting Devices, and Sales of Tort Claims

D. Collateral Benefits

E. Wrongful Death and Loss of Consortium

F. Punitive Damages

Chapter Eleven: The Institution of Insurance

A. Introduction\x09

B. The Scope of Insurance Coverage

C. Ambiguities in the Position of the Liability Insurer

Chapter Twelve: The No-Fault Systems

A. Introduction\x09\x09

B. Workers’ Compensation

C. No-Fault Insurance

D. The New Zealand Plan

PART TWO TORTS AGAINST NONPHYSICAL INTERESTS

Chapter Thirteen: Defamation

A. Introduction\x09\x09

B. Publication\x09\x09

C. False or Defamatory Statements

D. Libel and Slander\x09

E. Basis of Liability: Intention, Negligence, and Strict Liability in Defamation

F. Damages\x09\x09

G. Nonconstitutional Defenses

H. Constitutional Privileges

Chapter Fourteen: Privacy

A. Historical Background

B. Intrusion Upon Seclusion

C. Commercial Appropriation of Plaintiff’ s Name or Likeness, or the Right of Publicity

D. Public Disclosure of Embarrassing Private Facts

E. False Light\x09

Chapter Fifteen: Misrepresentation

A. Introduction\x09

B. Fraud\x09

C. Negligent Misrepresentation

Chapter Sixteen: Economic Harms

A. Introduction\x09

B. Inducement of Breach of Contract

C. Interference with Prospective Advantage

D. Unfair Competition

Chapter Seventeen: Tort Immunities

A. Introduction\x09

B. Domestic or Intrafamily Immunity

C. Charitable Immunity

D. Municipal Corporations

E. Sovereign Immunity

F. Official Immunity