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Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition

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Authors
  • Arthur Best
  • David W. Barnes
  • Nicholas Kahn-Fogel
Series / Aspen Casebook Series
BOOKMARK
Book length
1104 pages
Publication Date
2022-01-31
Edition
Sixth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.



Basic Tort Law is a comprehensive introduction to intentional torts, negligence, and strict liability including the fundamental issues of duty, breach, causation, and compensation.

Offering comprehensive coverage that is suitable for one or two semester torts courses, Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-16 allow teachers to select additional topics that fit best with their curriculum and interests.

New to the Sixth Edition:

Thoroughly updated with new cases, problems, and notes, including:

  • a new subsection on potential strict products liability for online marketplaces like Amazon that facilitate sales by third-party vendors;
  • a new subsection comparing liability under trespass and nuisance theories;
  • a contemporary case on but-for causation;
  • two recent cases addressing market share liability;
  • two new cases and a problem on the Restatement (Third) approach to duty; and
  • a new case on the economic loss doctrine.

 

Professors and students will benefit from:

These general features help first-year teachers and students achieve their goals:

  • Cases are edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications.
  • Many statutes are included to allow students to learn to read statutes and to see how important statutes are in tort issues.
  • Students find the book easy to learn from, because each case has clear introductory text and is followed by clear, and not too numerous, notes.

There are many problems, mostly in essay format, to test student understanding of every topic in the book. For each topic, there is at least one practice-oriented problem designed to illustrate the variety of contexts in which lawyers confront doctrinal issues. Problems are usually drawn from reported decisions and include citations to those decisions.

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Table of Contents
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Preface
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About the authors
Arthur Best
Professor of Law
Sturm College of Law & University of Denver

Before entering law teaching, Arthur Best worked in the general counsel’s office of the Federal Communications Commission, as a trial attorney for the Federal Trade Commission, as a project director for Ralph Nader’s Center for Study of Responsive Law, and as a deputy commissioner in the New York City Department of Consumer Affairs. He has published broadly in fields including evidence, torts, advertising regulation, dispute resolution, and lawyers’ ethics. Among his books are When Consumers Complain (Columbia University Press: 1981), Evidence: Examples and Explanations (6th edition, Aspen Publishing: 2007), Basic Tort Law (2d edition, Aspen Publishing: 2007) (co-author), and annual and semi-annual Wigmore on Evidence Supplement volumes (Aspen Publishing: since 1995).

Recent articles are “Student Evaluations of Law Teaching Work Well: Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree,” 40 Southwestern L. Rev. 1 (2007), “Impediments to Reasonable Tort Reform: Lessons from the Adoption of Comparative Negligence,” 40 Ind. L. Rev. 1 (2007), “Internet Yellow Page Advertising,” 55 Journal of the American Academy of Dermatology 67 (co-author) (2006), and “Manufacturers’ Responsibility for Harms Suffered by Victims of Counterfeiters: A Modern Elaboration of Causation Rules and Fundamental Tort Law Policies,” 8 Currents: Int’l Trade L.J. 43 (Summer 1999).

Best has served as Associate Dean for Academic Affairs at the Sturm College of Law at University of Denver and as president of the University’s Faculty Senate. He has represented the Association of American Law Schools and the American Bar Association as a member and chair of law school accreditation inspection teams. He has also served on the board of directors of Colorado Lawyers for the Arts and of the Denver-based Hannah Kahn Dance Company.

David W. Barnes
Distinguished Research Professor of Law
Seton Hall University

David “Jake” Barnes began his academic service at Syracuse University where he was a Professor of Law, Professor of Economics, and Acting Director of the Center for Interdisciplinary Legal Studies. He then became the Charles W. Delaney Professor of Law at the University of Denver and, later, the Seton Hall University Distinguished Research Professor of Law.

Professor Barnes’ educational background includes undergraduate study at Dartmouth College and Wellesley College, an M.A. and Ph.D. in economics from Virginia Polytechnic Institute, and a J.D. from the University of Pennsylvania Law School. His casebooks and treatises include The Law of Intellectual Property; Basic Tort Law: Cases, Statutes, and Problems; Advanced and Business Torts: Cases, Cases, Statutes, and Problems; Cases and Materials on Law and Economics; Statistical Evidence in Litigation: Methodology, Procedure, and Practice; and Statistics as Proof: Fundamentals of Quantitative Evidence.

He has written dozens of articles in various areas of law including torts, intellectual property, contracts, antitrust, environmental law, evidence, remedies, and the use of statistical and scientific methods in court.

Nicholas Kahn-Fogel
Professor of Law
Penn State Dickinson Law

Nicholas Kahn-Fogel is a professor of law at Penn State Dickinson Law, where he joined the faculty in 2023. From 2008 to 2023, he taught at the University of Arkansas at Little Rock’s William H. Bowen School of Law, where he was the Distinguished Professor in Constitutional Law. Prior to Bowen, he taught at the University of Zambia School of Law.

Professor Kahn-Fogel’s scholarship focuses on comparative law and criminal procedure, and he is also a co-author of the casebooks Basic Tort Law: Cases, Statutes, and Problems and Advanced Business and Tort Law: Cases, Statutes, and Problems. His work has been cited by practitioners and scholars, the leading treatise on American criminal procedure, the leading treatise on the Fourth Amendment, popular media, the Supreme Court of the Philippines, and the supreme courts of Iowa, Kentucky, New Mexico, Oregon, Utah, and Vermont. The National Association of Criminal Defense Lawyers has recognized his work on eyewitness identification as “must read” scholarship.

Professor Kahn-Fogel has served on the editorial board of the Zambia Law Journal and on the editorial board of the Case Commentary Unit of the Southern African Institute for Policy and Research. He also served as the chair of the board of the Center for Arkansas Legal Services, and he is now a member of the board of MidPenn Legal Services.

Professor Kahn-Fogel is licensed to practice law in New York.
Product Information
Edition
Sixth Edition
Publication date
2022-01-31
Copyright Year
2022
Pages
1104
Connected eBook with Study Center + Hardcover
9781543838749
Connected eBook with Study Center (Digital Only)
9781543857047
eBook + Study Center + Audiobook + Hardcover
9798894113395
eBook + Study Center + Audiobook
9798894114231
Subject
Tort Law
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