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Prosser, Wade and Schwartz's Torts, Cases and Materials
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Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in critical thinking about tort law and its operation in modern social settings. It sets forth crisply-edited classic tort cases, new tort law trends, and nuances in developing case law that impact the law and its application in the real world. Principal cases are not discarded just for the sake of change but because new cases reflect important changes in the law and present current doctrine in insightful and highly effective ways. The casebook goes beyond judicial decisions and includes key tort centered legislation and comparative perspectives where relevant. The casebook encourages the student to understand the English and American common law foundations of Tort law and to debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate.
The authors are an outstanding combination of respected scholars and practitioners. They have worked as a team since the 9th edition, published in 1994. Victor Schwartz was an Advisor on the first three sections of the Restatement (Third): Products Liability, Apportionment of Liability, and Physical and Emotional Harm. David Partlett is presently an Advisor on two new Restatements relating to liability for intentional torts and for defamation and privacy just established.
A comprehensive teacher’s manual is available to casebook adopters. It includes:
- sample syllabi
- additional case citations
- answers to the questions posed in the notes
- suggestions for additional questions to ask in class
- a "first day" exercise to give an overview of Torts
- a class exercise in statutory interpretation (based on a dog bite statute)
- additional background material on some of the cases
- links to interesting images--e.g., a painting of a regatta on the Thames River showing the bleachers blocking Hammersmith Bridge mentioned in Bird v. Jones, a drawing of the Bascule Bridge from Davison v. Snohomish County, and some photographs of the present day area around the site of Morts Dock.
Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 06/15/2020
Victor E. Schwartz, George Mason University School of Law
Kathryn Kelly, Catholic University Columbus School of Law
David F. Partlett, Emory University School of Law
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New notes provide additional examples and clarify the variations among jurisdictions. Citations to the forthcoming Restatement (Third) of Torts are included (as possible) throughout. The Restatement of the Law (Third) of Torts: Liability for Economic Harm is to be published in early 2020. The Restatement (Third): Liability for Intentional Torts has been partially approved by the ALI Council.
Learn more about this series.
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