Cases and Materials on the Law of Torts

Author: George C. Christie,Joseph Sanders,W. Jonathan Cardi

Publisher: West Academic

ISBN: 9780314266941

Category: Law

Page: 1706

View: 7535

The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.

The Economics of Property Rights and Nuisance Law

Author: David W. Barnes,Lynn A. Stout

Publisher: West Academic Publishing


Category: Law

Page: 87

View: 8865

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.

Cases and Materials on Torts

Author: David Robertson,William Powers, Jr.,Olin Wellborn, III,David Anderson

Publisher: West Academic Publishing

ISBN: 9781634608671


Page: 616

View: 1306

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.

Cases and Materials on Torts

Author: John Diamond

Publisher: West Academic Publishing

ISBN: 9780314907158


Page: 905

View: 8055

This title is a part of our CasebookPlusâ,,¢ offering as ISBN 9781634608916. Learn more at 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.

The Law of Business Torts and Unfair Competition

Cases, Materials, and Problems

Author: Colin Marks,Douglas Moll

Publisher: West Academic Publishing

ISBN: 9780314277862


Page: 895

View: 6891

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.

Tort and Accident Law

Cases and Materials

Author: Robert E. Keeton,Lewis D. Sargentich,Gregory C. Keating

Publisher: West Academic


Category: Law

Page: 1286

View: 9273

Law school casebook patterned to reflect new developments in tort law and process. The casebook substantially reduces the emphasis heretofore given to negligence law and increases the attention focused on alternatives. Included throughout the book are cases that are useful on issues of substantive law, which also serve as excellent vehicles for an inquiry into process.

Cases and Materials on Advanced Torts

Economic and Dignitary Torts : Business, Commercial, and Intangible Harms

Author: Dan B. Dobbs,Ellen M. Bublick

Publisher: West Academic


Category: Law

Page: 751

View: 5731

This advanced torts casebook covers all the major business and dignitary torts, including defamation, privacy invasions, disparagement, bad faith breach of contract, breach of fiduciary duty, conversion of economic values, interference with contract and economic opportunity, unfair competition, and others. It examines essential policy issues involving free speech, free competition, and the question whether contract trumps tort in commercial transactions. It also includes material on developing law, such as internet issues, SLAPP statutes and analogous free speech issues, and the Economic Loss Rule (or Rules).

Ius Privatum Gentium

Festschrift Fur Max Rheinstein Zum 70. Geburtstag Am 5. Juli 1969

Author: Ernst von Caemmerer,Soia Mentschikoff,Konrad Zweigert

Publisher: Mohr Siebeck

ISBN: 9783166301129

Category: Law

Page: 1132

View: 836

Cases and Materials on Trade Secret Law

Author: Elizabeth Rowe,Sharon Sandeen

Publisher: West Academic Publishing

ISBN: 9781634605922


Page: 680

View: 2679

This is the second edition of the first casebook in the United States devoted exclusively to trade secret law. As with the successful first edition, it is challenging yet user-friendly to students in order to facilitate their reading and understanding of the material. It is designed to be used by law students (and business students) with no prior background in intellectual property law. Due to the breadth of the subject matter, professors who teach trade secret law need not be intellectual property experts, but can specialize in a variety of fields, including employment law, torts, and unfair competition. The casebook also provides the context to re-teach and reinforce many of the basic concepts of law that students learned as 1L's, including tort law, contract law, property law, civil procedure, constitutional law, and criminal law. This new edition includes timely additions relating to the Defend Trade Secrets Act of 2016 (DTSA) and the EU Trade Secret Directive, two laws that went into effect in mid-2016, and which are certain to change the landscape of trade secret law in the United States and Europe. Unlike the only other existing casebook on the topic, this book continues to focus on and teach the predominant source of trade secret law in the U.S., the Uniform Trade Secrets Act (UTSA) as interpreted by courts throughout the U.S. The authors have made conscious and thoughtful decisions about the way in which the information throughout the casebook is presented and organized. The general organization of the casebook follows a logical analytical approach to understanding trade secret law with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.


Cases and Materials

Author: Aaron D. Twerski,James A. Henderson,W. Bradley Wendel

Publisher: Kluwer Law International

ISBN: 9781454806240

Category: Law

Page: 985

View: 7042

This lean casebook is consciously designed to appeal to disenchanted users of the #1-selling Prosser casebook. Its content, organization, and cases-and-notes approach is explicitly modeled on Prosser, but the authors have capitalized on Prosser's weaknesses, focusing on providing key cases and concise, understandable notes. This book has the look and feel of Prosser, but will function much better for the many professors teaching a one-semester, four- or three-credit course. Features: Authorship--co-reporters of the Restatement (Third) of torts, and both known to be excellent teachers Conveys the core of Tort law through eminently teachable cases and informative topical notes Pedagogical notes challenge students to consider provocative questions about the cases Authors Dialogues feature informal, highly engaging discussions and debates between the authors that raise interesting and provocative points about the topic under consideration while modeling for students the skills of thinking aloud and persuasion Presents three- to five-line hypotheticals that test variations on fact patterns Fewer, more generously edited cases than Prosser New in the Third Edition: New co-author Bradley Wendel is a nationally known expert in the field of Professional Responsibility. He adds professional responsibility and legal ethic insights to the materials. Integrating this dimension to tort litigation issues will provide for exciting class discussion. A thorough integration of the newly completed Restatement (Third ) of Torts: Liability for Physical and Emotional Harm to all aspects of the material where the Restatement is of special relevance. Addition of cases adopting the Restatment view that foreseeability is not to be considered in making a duty determination. Many new hypotheticals taken from decided cases that raise novel issues of law. Professor Wendel will now be a third voice in the Authors' Dialogues. All chapters fully updated with new note material and new cases when necessary.

E-commerce, the Internet and the Law

Cases and Materials

Author: Graeme B. Dinwoodie,Harold J. Krent,Margaret G. Stewart

Publisher: West Academic Publishing

ISBN: 9780314156198

Category: Law

Page: 648

View: 7496

Cases and Materials on E-Commerce, The Internet, and the Law offers comprehensive coverage of Internet and e-commerce law. Combining the knowledge of four expert authors, it covers contracting, jurisdiction, copyright, trademarks, trespass, information security, e-mail, defamation and privacy. A substantive body of caselaw has emerged in these areas, and E-Commerce, The Internet, and the Law contains the leading cases. This distinguishes it from many earlier Internet law casebooks, which contain a mix of relatively few cases and relatively extensive excerpts from theoretical commentary. E-Commerce, The Internet, and the Law combines caselaw and theory by discussing trends, open questions, and theoretical issues in "Notes and Questions" sections following each case. This blend of theory and practice engages students by making the relevance and importance of theory clear.

Cases and Materials on the Legal Profession

Author: Robert F. Cochran,Teresa S. Collett

Publisher: West Academic

ISBN: 9780314143914

Category: Law

Page: 353

View: 9545

Includes segments from Esquire, Legal Times, Texas Monthly, and Confessions of a Criminal Lawyer, as well as stimulating cases and law review articles. The order roughly tracks the ABA Model Rules. The casebook teaches students to think critically about the legal profession, yet avoids the cynicism that so often accompanies discussions of the profession. Includes introduction to the legal profession; the lawyer-client relationship; confidentiality and the attorney-client privilege; conflicts of interest; lawyer advocacy and its limits; business problems in the practice of law; provision of legal services; and judges.