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Cases and Materials on Torts, Thirteenth Edition

  • Richard A. Epstein
  • Catherine M. Sharkey
Series / Aspen Casebook Series
Teaching Materials
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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
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Tort Law
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