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

Authors
  • Arthur Best
  • David W. Barnes
  • Nicholas Kahn-Fogel
Series / Aspen Casebook Series
Description
Table of contents
Preface

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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, Seventh 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. The robust Teachers Manual includes sample syllabi for both approaches. 

New to the Seventh Edition: 

• A thoroughly revamped chapter on professional liability and the use of expert witnesses. This chapter focuses on which defendants are held to a professional standard of care and when experts are required to establish both the standard of care and causation. It distinguishes cases where expert testimony is required because of the complexity of the subject matter. It focuses on what the content of experts’ testimony must be and the consequences of failing to offer expert testimony. 

• The liability of medical and legal professionals is separated from the discussion of other professionals, to make it easier to teach, to present a more modern treatment of the topics, and to explore the special issues arising in medical and legal liability cases. Old cases have been replaced by six new cases in the three sections covering the liability of medical and legal professionals and others. 

• A new perspective note in Chapter 3 describing recent research on whether jury decision-making aligns with the cost-benefit analysis reflected in the Learned Hand formula, an updated note in Chapter 11 including discussion of expansive approaches to defining the special relationships that can give rise to duties to aid or protect, and updated statutes throughout the book. 

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

SUMMARY OF CONTENTS

Contents 
Table of Problems 
Preface 
Acknowledgments 


1. Introduction 
2. Intentional Torts 
3. Negligence: The Duty of Reasonable Care 
4. Proving Breach 
5. Legal Cause: Cause-in-Fact 
6. Limits on Liability: Duty and Proximate Cause
7. Defenses 
8. Apportionment of Damages 
9. Professionals 
10. Owners and Occupiers of Land 
11. Special Duty Rules 
12. Damages 
13. Traditional Strict Liability 
14. Products Liability 
15. Trespass and Nuisance 
16. Alternatives to Litigation 


Table of Cases 
Table of Statutes and Other Authorities 
Index 

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About the authors
Arthur Best
Professor of Law Emeritus
Sturm College of Law & University of Denver

Arthur Best has been a member of the Sturm College of Law faculty since 1988. 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 (Aspen Publishing: 14thEdition, 2026), Basic Tort Law (Aspen Publishing: 6th Edition, 2022) (co-author), Evidence: Practice, Problems, and Rules (Aspen Publishing: 4th Edition, 2024), and frequent Wigmore on Evidence Supplement volumes (Wolters Kluwer: since 1995).

Recent articles are “Lying Lawyers and Recumbent Regulators,” 49 Ind. L. Rev. 1 (2015), “Winking at the Jury: ‘Implicit Vouching’ versus the Limits on Opinions about Credibility,” 55 Ariz. L. Rev. 265 (2013) (co-author), “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).

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-Fogels 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
Seventh Edition
Publication date
2026-02-09
Copyright Year
2026
Pages
1072
LLPOD
9798894104973
eBook
9798894104959
Print + eBook
9798894104942
Subject
Tort Law
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