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Cases and Materials on the Law of Torts
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This sixth edition, continuing the use of minimally edited cases, serves as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. This edition has been substantially shortened so as to meet the needs of instructors who teach a three or four hour introductory tort course. Throughout, the book is modified to include developments in tort law since the fifth edition was published in 2012. For example, the intentional tort chapter recognizes and discusses the Restatement (Third) of Torts: Intentional Torts. The chapters on negligence and causation recognize and discuss cases relying on and referencing the Restatement (Third) of Torts: Liability for Physical & Emotional Harm. The chapter on duty reflects the framework by which courts think about duty. It brings together in one place all the areas of tort law that apply special duty rules. The Causation Chapter adds material on causation in toxic tort cases and the admissibility of expert witnesses after
Daubert. The materials on products liability capture recent developments in that area. The Insurance Chapter incorporates the new restatement on insurance law. The chapter on tort reform updates the empirical research on the operation of the tort system and the effects of tort reform.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 06/24/2019
George C. Christie, Duke University School of Law
Joseph Sanders, University of Houston Law Center
W. Jonathan Cardi, Wake Forest University School of Law
Mary J. Davis, University of Kentucky College of Law
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A List of Major Changes in the Sixth Edition of Christie, et al. Cases & Materials on Torts
1. The book has been shortened substantially.
2. All chapters have been updated with new cases and secondary source materials.
3. Chapters 14 (Torts for Economic Injury), 15 (Intentional Infliction of Emotional Distress), 16 (Defamation), 17 (Privacy), 18 (False Imprisonment and Misuse of Legal Process), and 19 (Constitutional Torts) have been eliminated. [Note: These materials do appear in Christie & Sanders, Advanced Torts.]
4. Chapter 2 on Intentional Torts has been reworked to reflect the ongoing Restatement (Third) of Torts: Intentional Torts materials. It now includes expanded materials on trespass to land. The chapter also has cases on Intentional Infliction of Emotional Distress and False Imprisonment.
5. Chapter 3 explicitly focuses on breach of duty questions and includes several new cases.
6. Chapters 4 and 6 in the last edition have now been combined into a longer Chapter. This chapter focuses on Duty and collects in one place special duty rules in a number of areas of tort law, including owners & occupiers, negligent infliction of emotional distress, immunities, and pure economic loss.
7. The chapter on causation (chapter 5 in the fifth edition) has now been split into two chapters. Chapter 5 deals exclusively with cause-in-fact. Chapter 6 (entitled “Scope of Liability”) addresses proximate cause questions. Chapter 5 adds material on causation in toxic tort cases and the admissibility of expert witnesses after Daubert.
8. Chapter 9 on Products Liability has been shortened and has added new cases.
9. Chapter 13 has added new research on tort law in action and the effects of “tort reform.”
Learn more about this series.
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