PDF The American Law of Torts Download
- Author: Stuart M. Speiser
- Publisher:
- ISBN:
- Category : Torts
- Languages : en
- Pages : 1190
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A law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (“damages”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. The cases range from alleged assault and battery by “The Schoolboy Kicker” (1891) to the liability of General Motors for “The Crumpling Toe Plate” (1993). Each case is an artifact of its time; students can compare the judges’ societal perceptions and moral compasses to those of the current era. This book is part of the Open Casebook series from Harvard Law School Library and MIT Press.
With 492 separate sections, this encyclopedic reference allows you to quickly and easily find answers. Tort topics developed in the last generation that receive expanded coverage include proportionate causation or loss of chance recoveries, abolition or partial abolition of joint and several liability, comparative fault apportionment, changes in strict products liability, Strategic Lawsuit Against Public Participation (SLAPP) suit legislation, lawyer malpractice litigation, medical malpractice litigation with big changes in the world of managed care, the statute of limitations, civil rights claims for injury, and cases on a landowner's duty to protect entrants from attack by others.
"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--
Covers the evolution of the basic building blocks of modern tort law. Includes revised chapters on product liability, insurance, and non-tort alternatives. Minimally edited cases make this edition a good vehicle for teaching first-year students the essential techniques of case analysis and legal method. Includes chapters on negligence, causation and plaintiff's conduct as a contributing cause, nuisance, misrepresentation and tortious interference with contract and prospective contract, false imprisonment and misuse of legal process, constitutional torts, and immunities.
This single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third) of Torts.