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Covers the essential topics in torts law. The law is analysed in an accessible manner and is designed to encourage understanding and reflective thinking and to develop students' skills for analysis.
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
This text offers accessible but comprehensive coverage of all aspects of torts law likely to be encountered in a student course, including nuisance, defamation and the economic torts. The chapters on negligence focus on the civil liability legislation enacted throughout Australia, particularly in respect of the standard of care and breach of duty, causation and scope of liability defences and assessment of damages for personal injury and include discussion of case law under this legislative regime.
Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty. After tracing the historical evolution of tort law, Duty and Integrity analyzes the current approaches to tort duties, including the new approach offered by the authoritive Restatement (Third) of Torts. Unlike these approaches, which tend to focus exclusively on negligence duties, Duty and Integrity examines the role of duty in all three of tort law's theories of liability--intentional torts, strict liability and negligence--exposing the similarities and differences of these duties and suggesting grounds for their integration. Aside from its critical commentary, Duty and Integrity contains many important philosophical and pragmatic insights. It reveals the moral and political foundations of tort law and duty by offering accessible explorations of corrective justice, distributive justice, and liberalism. Because liberal justice requires coherence in law, Ronald Dworkin's acclaimed theory of "law as integrity" both frames and instructs the discussion. After explaining, critiquing, and endorsing a modified version of Dworkin's approach, the book presents a groundbreaking methodology called "duty as integrity" for resolving any tort duty question. To demonstrate the practicality of this approach, Duty and Integrity concludes by thoroughly applying the proposed methodology to a recent and controversial decision of an influential state supreme court. Given its broad intellectual scope, Duty and Integrity in Tort Law should appeal to legal and nonlegal academics and their students, as well as members of the legal community at large. Its transparent style makes it suitable both for advanced undergraduate or graduate classes on law, philosophy or polilitical science and for law school courses on torts, advanced torts, tort theory, jurisprudence, law and politics, law and policy, legal history, and many more.
"Canadian Tort Law in a Nutshell, Fifth Edition, provides a succinct overview of Canadian tort law, incorporating the latest developments in an easy-to-understand format. It takes you step by step through the basic principles and issues in the law of torts in Canada"--Provided by publisher.
The third edition of Law in the United States introduces students to the unique American mix of common law, statutory materials, and constitutional law. Strongly emphasizing American legal methods and American legal history and culture, the book provides a rich array of teaching resources covering both public and private law. The broader themes discussed in the eighteen chapters of this casebook include the nature and sources of American law, the division of government power and the protection of human rights under the U.S. Constitution, litigation in a federal framework, and the American enterprise system, with a focus on torts, contracts, corporations and eminent domain. This book lends itself to being used for various target audiences. Over the years, it has proven a valuable learning resource for foreign-trained attorneys enrolled in American Master of Laws programs. Moreover, the range of subjects discussed in the book will assist students who may wish to sit for a state bar examination in a state with specific requirements for study of American legal methods. The book is also highly suitable for pre-law programs at the college level as well as law school seminars. Also, comparativists with an interest in American law may find this casebook a valuable resource in light of the rich commentaries it offers through expositions and notes.
Legal education pedagogy is transforming rapidly. These simulations bring traditional torts casebooks alive in challenging and empowering ways; bring greater clarity and mastery to tort law concepts; and bridge the study of law into the dynamic practice of law. Using modern simulations representing clients in core "bread and butter" lawyering tasks, students apply their casebook rules to conduct discovery, advise clients, correspond with counsel, draft pleadings, calculate damages, and argue motions. Students move beyond the repetition of appellate cases, incorporating statutes and using secondary sources and practitioner tools to save valuable time and resources. While emphasizing substantive tort law mastery, the simulations further demonstrate how law practice seamlessly connects procedure, substance, and skills.
TORTS IN COMMERCIAL LAW guides practitioners through a complex, difficult and controversial area of the law, offering a resource illuminating the many particular and difficult issues at this intersection. The third volume in a compelling "commercial law library", accompanying Equity in Commercial Law and Unjust Enrichment in Commercial Law, this new book will be turned to frequently. Based on the papers presented at the international conference, "Torts in Commercial Law 2010", this book brings together in one volume a series of chapters from a team of prestigious contributors analysing the interaction of common law and equity in commercial law. Its unique strength is its sustained examination and the conceptual unity that it brings to the subject matter. The world's leading experts - practitioners, judges and academics - provide unique commentary in this key area of the law. Contents Introduction Part I: General Themes and Directions Part II: Economic Torts and Economic Loss Part III: Insurance and the State Part IV: Causation, Damages and Defences Contributors include The Hon Justice James Allsop, Associate Professor Kit Barker, Professor Andrew Burrows QC FBA, Associate Professor Simone Degeling, Dr Simon Douglas, The Hon Justice James Edelman, The Hon Chief Justice Robert French AC, Professor Mark Gergen, Dr James Goudkamp, The Hon Sir Grant Hammond KNZM, The Rt Hon Lord Hoffmann PC, Professor Lewis Klar, Professor Barbara McDonald, Associate Professor Jason Neyers, Professor Jane Stapleton, Professor Robert Stevens, Professor Jenny Steele, Mr William Swadling, Professor Stephen Todd and Professor Prue Vines.