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Author : Francis Hermann Bohlen
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.A/5 ( download)
Download or read book The Basis of Affirmative Obligations in the Law of Tort written by Francis Hermann Bohlen and published by . This book was released on 1905 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.:/5 (67 download)
Download or read book The Basis of Affirmative Obligations in the Law of Tort written by and published by . This book was released on 1905 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)
Download or read book Restatement of the Law, Torts: (April 1, 2004): ch. 7. Affirmative duties written by and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marshall S. Shapo
Publisher : University of Texas Press
ISBN 13 : 1477303006
Total Pages : 224 pages
Book Rating : 4.4/5 (773 download)
Download or read book The Duty to Act written by Marshall S. Shapo and published by University of Texas Press. This book was released on 2014-09-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender’s lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo. Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law—those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine. Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril. In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control another’s actions or exposure to risk. These considerations of power and corresponding dependence provide the basis for Shapo’s study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack. Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards. This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys.
Download or read book Restatement of the Law, Torts: Affirmative duties written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restatement of the Law, Torts, Liability for Physical Harm (basic Principles): Affirmative duties (revisions to section 40, comment k) written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Epstein
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1214 pages
Book Rating : 4.8/5 (89 download)
Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments
Author : V.H. Harpwood
Publisher : Routledge
ISBN 13 : 1135252998
Total Pages : 748 pages
Book Rating : 4.1/5 (352 download)
Download or read book Modern Tort Law written by V.H. Harpwood and published by Routledge. This book was released on 2009-06-02 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Tort Law is a comprehensive, accessible and up-to-date introduction to the law of torts. Now in its seventh edition, Vivienne Harpwood’s popular, student-friendly text explains the principles of all aspects of tort law in a lively and thought-provoking manner. The broad coverage of modern tort law makes this an ideal textbook for any undergraduate tort law course. Students are encouraged to understand and apply the principles of tort law effectively throughout and particular attention is paid to the context within which the law is evolving, making these topics both accessible and enjoyable. This seventh edition has been revised and updated to take into account developments since publication of the previous edition including in the areas of privacy, negligence, personal injury and defamation. Human Rights issues are integrated throughout the text rather than treating the topic in isolation, in line with the way the subject is commonly taught. Now more accessible and student-friendly, it includes: advice on further reading at the end of each chapter which is intended to point students towards sources of further study and critical debate new chapter introductions, rewritten to reflect learning outcomes. Modern Tort Law is now supported by a Companion Website which offers lecturer resources available to adopters of the book, including ‘think points’ designed to encourage reflection and debate and PowerPoints of diagrams and flowcharts contained within the text. A dedicated student section also offers weblinks, a guide to key Tort law cases, a flashcard glossary and a test bank of multiple choice questions.
Author : Francis Hermann Bohlen
Publisher :
ISBN 13 :
Total Pages : 724 pages
Book Rating : 4.F/5 ( download)
Download or read book Studies in the Law of Torts written by Francis Hermann Bohlen and published by . This book was released on 1926 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781632815507
Total Pages : 0 pages
Book Rating : 4.8/5 (155 download)
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : John Henry Wigmore
Publisher :
ISBN 13 :
Total Pages : 1076 pages
Book Rating : 4.F/5 ( download)
Download or read book Select Cases on the Law of Torts written by John Henry Wigmore and published by . This book was released on 1912 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Restatement of the Law, Torts, Liability for Physical Harm (basic Principles): (April 1, 2004): ch. 7. Affirmative duties written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941002
Total Pages : 301 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Author : Patricia Smith
Publisher : Oxford University Press, USA
ISBN 13 : 0195115287
Total Pages : 273 pages
Book Rating : 4.1/5 (951 download)
Download or read book Liberalism and Affirmative Obligation written by Patricia Smith and published by Oxford University Press, USA. This book was released on 1998 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Patricia Smith argues that this can be achieved by reconstructing the liberal doctrine of positive and negative duty. She offers a careful consideration of these elements of liberal principles as they relate to affirmative obligation.
Author : Ernest J. Weinrib
Publisher : Oxford University Press
ISBN 13 : 0199660646
Total Pages : 365 pages
Book Rating : 4.1/5 (996 download)
Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910581
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)
Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
