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Tort Law: Crime, Tort, And Contract (Spotlights)
by Nathan Tamblyn Timon Hughes-DaviesWhat happens if a driver carelessly crashes into another car? Or a newspaper publishes a story which makes derogatory comments about someone? Or if a resident plays loud music every night so that their neighbour cannot get any sleep? Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. This new textbook addresses a range of the most prominent torts. The law is explained with clear writing and an accessible approach, relating the subject to everyday examples. There are key learning points to help anchor the reader’s basic understanding, and sections of analysis to guide the reader to a more advanced critical engagement. Above all, tort law is interesting, for it covers so much of our daily lives, and is a constant source of evolving litigation. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL, which will help students: move beyond an understanding of the law; refine and develop the key skills of problem-solving, evaluation and critical reasoning; discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject. This book is supported by a range of online resources developed to aid your learning, keep you up to date and help you prepare for assessments.
Tort Law: Responsibilities And Redress (Aspen Casebook Ser.)
by John C. P. Goldberg Anthony James Sebok Benjamin Charles ZipurskyThe Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new "Check Your Understanding," "Big Thing" and "Did You Know?" text boxes along with a new user-friendly page layout. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors. Features: Incredibly versatile, this text has been successfully adopted at a wide range of schools and can be taught from any intellectual or political perspective Presenting tort law as a complex but coherent whole, giving students a clear sense of what tort law is and what it does Grounded and pluralistic treatment recognizes the richness and diversity of the legal rules and concepts that make tort law what it is Comprehensive case mix presents current and classic cases, exposing students to diverse decisions from jurisdictions around the country, from lower courts to state high courts Progresses from negligence to intentional torts to products liability while permitting the professor to focus on an array of contemporary issues Extraordinarily clear introductory text and notes after cases are routinely cited by students as highly accessible, illuminating and relevant Exceptional support through a Teacher's Manual that gives detailed accounts of all the main cases and the issues they raise
Tort Law: Tort Law (Key Facts Key Cases)
by Chris TurnerKey Facts Key Cases: Tort Law will ensure you grasp the main concepts of your Tort Law module with ease. This book explains the facts and associated case law for: The torts of negligence, occupiers’ liability and nuisance Strict liability torts The torts of trespass to land and trespass to the person Torts involving goods Torts affecting reputation Employment related torts Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
Tort Lawcards 2012-2013 (Lawcards)
by RoutledgeRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
Tort Liability in Multinational Corporate Groups: A Comparative Analysis with Particular Focus on Turkey (Ius Gentium: Comparative Perspectives on Law and Justice #107)
by Pınar KaraMultinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand
by David Engel Jaruwan S. EngelDavid (law) and Jaruwan (Thai language, both State U. of New York-Buffalo) first conducted research in the Chiangmai region beginning in 1975 that yielded a 1978 book on law and society in Thailand. They returned in 1990, and much of this present work is concerned with how the role of law to injury cases had declined during the 15 year interval. They discuss Buajan's injury narrative, a history of globalizations in Chaingmai, state law and the law of sacred centers, injury practices in a transformed society, litigation, justice, and Ming's injury narrative. Annotation ©2010 Book News, Inc. , Portland, OR (booknews. com)
Torts (7th edition)
by Steven EmanuelThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features outline choice among law students: Comprehensive review of all major topics; Capsule summary of all topics; Cross-reference table of cases; Time-saving format; Great for exam prep.
Torts In A Nutshell (Nutshells Series #Sixth Edition)
by Edward KionkaA clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes tort law origins and objectives; causation; strict liability; negligence liability and defenses; intentional tort liability and defenses; special liability rules (premises liability, products liability, employers, etc.); damages; tort and contract; immunities; wrongful death and survival; defamation; privacy; misrepresentation.
Torts Stories
by Robert L. Rabin Stephen D. SugarmannThis publication provides a student with an understanding of ten leading torts cases...
Torts and Compensation, Personal Accountability and Social Responsibility for Injury
by Paul Hayden Ellen Bublick Dan DobbsThe book includes new cases carefully selected from hundreds of decisions published between 2013 and 2016. Recent statutes and authorities, such as the 'Restatement third of torts: intentional yorts to persons', have also been included. Added cases involve current factual contexts such as arguments over Facebook posts and the use of defibrillators in high school sports. The new cases also illustrate developing issues such as duty in cases of misfeasance vs. nonfeasance and the impact of comparative fault on other areas including the plaintiff illegal acts doctrine.
Torts and Compensation, Personal Accountability and Social Responsibility for Injury (American Casebook)
by Dan B. Dobbs Paul T. Hayden Ellen M. BublickThis casebook is a teaching tool. Tort law is about real people and real injuries, and the cases in this book reflect that reality. As with the previous editions, challenging contemporary cases and issues are presented without straying too far from the classic cases and the core of lawyering--thoughtful analysis and criticism. Students are engaged without mystifying them, and-- with the contributions of the professors who teach this book--to spark a lifelong interest in law in general and in tort law in particular. The Concise Edition attempts to present the core of tort law in personal injury and property damage cases in a shorter form that makes it possible to teach the central materials in a four-hour course. This edition contains numerous citations to the Restatements of Torts, and sometimes to the Restatements of Agency or other areas of relevant law.
Torts and Personal Injury Law
by William Buckley Cathy OkrentTorts and Personal Injury Law, fourth edition, is the perfect torts book that is comprehensive, but not too overwhelming to students. Each chapter begins with "The Biggest Mistakes Paralegals Make and How to Avoid Them" feature, inviting the reader to read deeper into each chapter. An overview of tort law for the paralegal who works on personal injury matters is covered over 13 chapters. Topics such as product liability, medical malpractice, and accidents are included. Additional coverage includes general tort law, alternative dispute resolution, negligence, defenses to negligence actions, intentional torts, injuries to property, liability, strict or absolute liability, product liability, special tort actions, and tort investigation. A total of over 75 cases are annotated and include the following hot button issues: malicious prosecution of the Duke University Lacrosse players, toxic mass torts, patient dumping, spoliation of evidence, sexual abuse by clergy, donor egg implantation by same sex couples, spam email fraud, HIPPA, and obesity caused by trans fats from fast food.
Torts!, third edition (The Open Casebook Series)
by Jonathan L. Zittrain Jordi WeinstockA 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.
Torts, Egalitarianism and Distributive Justice
by Tsachi Keren-PazThis book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Torts: A Contemporary Approach Second Edition
by Meredith J. Duncan Ronald TurnerThis casebook is organized to facilitate the study of tort law in the first year of law school. The text begins with an overview of the subject, pointing out distinctions between tort law and other types of law. It then covers intentional torts, negligence actions, and strict liability. The materials then build on these foundational principles by exploring more advanced tort subjects such as nuisance law, products liability actions, and defamation law. This textbook includes classic cases as well as contemporary cases relevant to today's students.
Torts: Cases And Questions (Aspen Casebook Series)
by Ward Farnsworth Mark GradyThe unique approach of Torts: Cases and Questions, Third Edition, by Ward Farnsworth and Mark F. Grady provides extraordinary teaching cases that are presented concisely and positioned in tandem, challenging students to compare the cases and draw connections and distinctions between them. Teachers across the country enjoy the lively and instructive classroom experience promoted by this fresh and innovative format. New to the Third Edition: A more streamlined presentation that removes some inessential material and makes coverage easier New material from the Third Restatement of Torts Additional chapters from the earlier edition available for free to download, distribute, and use as you like Professors and students will benefit from: An exceptionally strong collection of cases arranged in pairs that challenge students to explain the distinctions between them Logical organization that starts with intentional torts A balance of classic and contemporary cases chosen to stimulate active student engagement Intermediate cases—shorter than principal cases, but presented in enough detail to support great class discussions Problems integrated throughout the book that help students apply new concepts and prepare for exams A compatible pedagogical approach that supports a variety of teaching objectives An extensive Teacher’s Manual that offers hundreds of interesting questions and answers suitable for classroom use Teaching materials include: Teacher’s Manual Online-only chapters on Defamation, Invasion of Privacy, and Nuisance
Torture and Dignity: An Essay on Moral Injury
by J. M. BernsteinIn this unflinching look at the experience of suffering and one of its greatest manifestations--torture--J. M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person--it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience.
Torture and Human Rights in Northern Ireland: Interrogation in Depth
by Aoife DuffyThis book presents a compelling and highly sophisticated politico-legal history of a particular security operation that resulted in one of the most high-profile torture cases in the world. It reveals the extent to which the Ireland v. United Kingdom judgment misrepresents the interrogation system that was developed and utilised in Northern Ireland. Finally, the truth about the operation is presented in a comprehensive narrative, sometimes corroborating secondary literature already in the public domain, but at other times significantly debunking aphorisms, or, indeed, lies that circulated about interrogation in depth. The book sets out the theoretical reference paradigm with respect to the culture and practice of state denial often associated with torture, and uses this model to excavate the buried aspects of this most famous of torture cases. Through the lens of a single operation, conducted twice, it presents a fascinating exposé of the complicated structures of state-sponsored denial designed to hide the truth about the long-term effects of these techniques and the way in which they were authorised.
Torture and the Law of Proof: Europe and England in the Ancien Régime
by John H. LangbeinIn Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
Torture and the Ticking Bomb (Blackwell Public Philosophy Series)
by Bob BrecherThis timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and timely Blackwell Public Philosophy series
Torture, Power, and Law
by David LubanThis volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable.
Total Collapse: The Case Against Responsibility and Morality
by Stephen KershnarThis book argues that there is no morality and that people are not morally responsible for what they do. In particular, it argues that what people do is neither right nor wrong and that they are neither praiseworthy nor blameworthy for doing it. Morality and moral responsibility lie at the heart of how we view the world. In our daily life, we feel that people act rightly or wrongly, make the world better or worse, and are virtuous or vicious. These policies are central to our justifying how we see the world and treat others. In this book, the author argues that our views on these matters are false. He presents a series of arguments that threaten to undermine our theoretical and practical worldviews. The philosophical costs of denying moral responsibility and morality are enormous. It does violence to philosophical positions that many people took a lifetime to develop. Worse, it does violence to our everyday view of people. A host of concepts that we rely on daily (praiseworthy, blameworthy, desert, virtue, right, wrong, good, bad, etc.) fail to refer to any property in the world and are thus deeply mistaken. This book is of interest to philosophers, lawyers, and humanities professors as well as people interested in morality, law, religion, and public policy.
Total Environmental Compliance: A Practical Guide for Environmental Professionals
by Bert P. Krages IITotal Environmental Compliance: A Practical Guide for Environmental Professionals gives you the background and skills you need to ensure total environmental compliance in your organization. Instead of dryly describing theoretical management systems or reciting regulatory provisions, the author delves into the challenging issues of why organizations
Total Justice
by Lawrence M. FriedmanIt is a widely held belief today that there are too many lawsuits, too many lawyers, too much law. As readers of this engaging and provocative essay will discover, the evidence for a "litigation explosion" is actually quite ambiguous. But the American legal profession has become extremely large, and it seems clear that the scope and reach of legal process have indeed increased greatly. How can we best understand these changes? Lawrence Friedman focuses on transformations in American legal culture—that is, people's beliefs and expectations with regard to law. In the early nineteenth century, people were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. The uncertainty of life and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments during our own century have created a very different set of expectations about life, again reflected in our legal culture. Friedman argues that we are moving toward a general expectation of total justice, of recompense for all injuries and losses that are not the victim's fault. And the expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. This timely and important book articulates clearly, and in nontechnical language, the recent changes that many have sensed in the American legal system but that few have discussed in so powerful and sensible a way. Total Justice is the third of five special volumes commissioned by the Russell Sage Foundation to mark its seventy-fifth anniversary.
Total Lawfare: New Defense and Lessons from China’s Unrestricted Lawfare Program
by Patrick S. Nash Deniz GuzelThis book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.