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The casebook, which is organized along traditional doctrinal lines, teaches students how tort law works to resolve disputes in the real world of litigation and settlement negotiations. A teacher can start with intentional torts or with negligence. The first chapter is an overview of trial court procedure in tort cases; the second is a concise treatment of intentional torts and defenses; and the third introduces negligence law with a streamlined treatment of the core breach-of-duty/substandard conduct concept. Subsequent chapters treat the remainder of the prima facie case in negligence, the principal defenses to negligence liability, and some of the basic concepts entailed in multiparty litigation. The book's concluding chapters are basic coverage of medical malpractice, common law strict liability, products liability, and nuisance.
This title is a part of our CasebookPlusâ,,¢ offering as ISBN 9781634608916. Learn more at CasebookPlus.com. The new edition focuses on the current controversies in Tort law. New changes in the law endorsed by the Restatement (Third) are explored. The casebook strives to invigorate the study of intentional torts by going beyond the traditional personal injury approach. Battery is considered in its increasing application in environmental litigation. The torts of intentional interference with contractual and economic relations, which almost all students will encounter in whatever field of practice (e.g. corporate, entertainment, public interest) they ultimately choose are introduced in the basic intentional tort section including the case that nearly bankrupt Texaco and the potential liability of an environmental public interest group for encouraging a boycott. The negligence section addresses controversies ranging from parental liability for failure to prevent a child from committing homicides, mental distress for exposure to toxic pollutants to tobacco industry liability. The necessity defense is considered in the context of Katrina. Negligence is critiqued from feminist, economic and other perspectives. Cases have been selected for their teachability and stimulation for students. Notes are straight forward to allow professors freedom to focus on policy concerns.
Uses the Coase Theorem and Calabresi and Melamed's characterizations of alternative types of property and how to assign and protect property rights throughout the book. Details the legal treatment of externalities arising from conflicting land. Uses the economic theory of the Tragedy of the Commons and its game theory counterpart to analyze the choice between common and private ownership. Discusses the meaning of property rights, adverse possession, easements, restrictive covenants, and nuisance law. Considers the efficiency and distributional implications of alternative forms of property rights and of different methods of protecting property rights.
This completely new casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The principal competing casebook focuses on procedural issues, whereas this book focuses on the substance of toxics in a deep way, exploring--among other issues--the difficulties of employing various scientific methods to address the question of causation. This book carefully considers the role of public law, both in controlling risks and its interaction with private law.
The new edition focuses on the current controversies in Tort law. New changes in the law endorsed by the Restatement (Third) are explored. The casebook strives to invigorate the study of intentional torts by going beyond the traditional personal injury approach. Battery is considered in its increasing application in environmental litigation. The torts of intentional interference with contractual and economic relations, which almost all students will encounter in whatever field of practice (e.g. corporate, entertainment, public interest) they ultimately choose are introduced in the basic intentional tort section including the case that nearly bankrupt Texaco and the potential liability of an environmental public interest group for encouraging a boycott. The negligence section addresses controversies ranging from parental liability for failure to prevent a child from committing homicides, mental distress for exposure to toxic pollutants to tobacco industry liability. The necessity defense is considered in the context of Katrina. Negligence is critiqued from feminist, economic and other perspectives. Cases have been selected for their teach ability and stimulation for students. Notes are straight forward to allow professors freedom to focus on policy concerns.With CasebookPlus youâe(tm)ll receive a print book, lifetime digital access to a downloadable eBook, 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter.eBook and Learning Library - Lifetime digital access to a downloadable eBook, 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter. Learning Library - 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter.
This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model statutes, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, and the Uniform Trade Secrets Act. The authors have included numerous questions and problems to further students' thinking on more complex topics. The comprehensive Teacher's Manual answers every question and problem contained in the book.

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