Basic Tort Law: Cases, Statutes, and Problems


Book Description

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. Offering comprehensive coverage that is suitable for one or two semester torts courses, Basic Tort Law: Cases, Statutes, and Problems, Fifth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-17 allow teachers to select additional topics that fit best with their curriculum and interests. Key Features: Cases edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Practice-oriented problems in each chapter. A new section on the intentional tort of false imprisonment, covering the concepts of confinement, consent, intentionality, and the shopkeeper’s privilege. A new case addressing whether strict liability for abnormally dangerous activities applies to fracking, which, juxtaposed with another featured case, illustrates the differing ways courts have approached the Restatement factors. A new case discussing joint and several liability, offering a straightforward introduction that enhances or may be substituted for a more detailed treatment of this complicated area. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.




Basic Tort Law: Cases, Statutes, and Problems


Book Description

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Basic Tort Law is a comprehensive introduction to intentional torts, negligence, and strict liability including the fundamental issues of duty, breach, causation, and compensation. Offering comprehensive coverage that is suitable for one or two semester torts courses,Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-16 allow teachers to select additional topics that fit best with their curriculum and interests. New to the Sixth Edition: Thoroughly updated with new cases, problems, and notes, including: a new subsection on potential strict products liability for online marketplaces like Amazon that facilitate sales by third-party vendors; a new subsection comparing liability under trespass and nuisance theories; a contemporary case on but-for causation; two recent cases addressing market share liability; two new cases and a problem on the Restatement (Third) approach to duty; and a new case on the economic loss doctrine. Professors and students will benefit from: These general features help first-year teachers and students achieve their goals: Cases are edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Many statutes are included to allow students to learn to read statutes and to see how important statutes are in tort issues. Students find the book easy to learn from, because each case has clear introductory text and is followed by clear, and not too numerous, notes. There are many problems, mostly in essay format, to test student understanding of every topic in the book. For each topic, there is at least one practice-oriented problem designed to illustrate the variety of contexts in which lawyers confront doctrinal issues. Problems are usually drawn from reported decisions and include citations to those decisions.




The American Law of Torts


Book Description




Basic Tort Law


Book Description

If you want your students to have a solid foundation in the doctrine, theory, and applications of tort law when they complete your course, this accessible coursebook deserves your careful consideration. Basic Tort Law: Cases, Statutes, and Problems presents a clear, explicit review of content, excellent case selection, and memorable, classtested problems.This concise, practical casebook was written with the needs of both instructors and students in mind: - the expert authors draw on their years of experience; Arthur Best is the author of the enormously successful Examples & Explanations study guide on Evidence - clear, direct text introduces cases and explains important concepts; nothing is hidden from the student - a balanced presentation of modern and classic cases includes Vaughan v. Menlove (standard of care), Vincent v. Lake Erie Transportation Co. (the doctrine of "incomplete privilege"), and Greenman v. Yuba Power (product liability) - appealing and memorable problems based on actual reported cases reinforce understanding and build analytical skills - the book is distinctly contemporary, reflecting the most current thinking on key issues - ample background information places cases and statutes in context - accessible notes highlight key issues, alternative perspectives, and basic theoryAn exceptionally thorough Teacher's Manual accompanies the book with: - sample syllabi and guidance for structuring four-and six-credit courses - detailed suggestions for class preparation, including specific tips on how to present the cases and materials - answers and analysis for all the problems and questions raised in the book - multiple choice and true/falsequizzes usable in an internet-based automatic quiz systemsGive your students a casebook that builds their confidence as it expands their knowledge--Best and Barnes' Basic Tort Law: Cases, Statutes, and Problems.




Pennsylvania Torts


Book Description




Products Liablility and Basic Tort Law


Book Description

Products Liability and Basic Tort Law covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence. Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a products liability or traditional first-year law school torts class. In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case. This book is also available in paper binding.




Bayonets in Paradise


Book Description

Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.





Book Description




Tort Law Desk Reference


Book Description

Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees




No-fault Insurance


Book Description