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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.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 05/26/2017

David W. Robertson, University of Texas School of Law

William C. Powers Jr., University of Texas School of Law

David A. Anderson, University of Texas School of Law

Olin Guy Wellborn III, University of Texas School of Law


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The two most significant recent developments in torts have been (a) the publication of the Third Restatement volumes on Physical and Emotional Harm (2010, 2012), Apportionment of Liability (2000), and Products Liability (1998), and of Tentative Drafts on Economic Harm (2012, 2014) and Intentional Torts to Persons (2015); and (b) the continued expansion of the “comparative responsibility” approach to allocating liability. The authors have structured the relevant chapters of the book along lines compatible with the Third Restatement’s approaches, and they have sought out cases discussing, using, and in some instances rejecting the Third Restatement’s provisions. They have also included a comprehensive new chapter on “Victim Fault and Proportionate Liability” that provides an integrated treatment of the victim-fault-based defenses to tort liability and the effects of comparative responsibility concepts in actions against multiple tortfeasors.

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