Product Description
This casebook provides detailed information on tort law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Customer Reviews:
It's a tort's casebook.......2007-07-28
This text covers all of the relevant legal issues that a typical 1L will encounter during a typical torts class. The text reading is quite dry and some of the case selections that are made will make you smash your head against the desk, all in all its not a bad text.
Recomend the emanuel outline which is tied to this text.
Okay but you'll also want some study aids.......2006-08-28
Case books have a difficult time getting respect, because they have to include the opinions written by the different judges for the different cases. So, you're dealing with many, many writers, and unfortunately, judges aren't known for their entertaining, flowery prose.
So, the "authors" of a casebook really only get to throw in a few tidbits about the relevant law in-between a lot of badly written, lengthy legalese. I'm betting that they're limited on how much they can write in-between the case opinions by their publishers.
That said, this is a pretty decent casebook. Buy it only if you have to. If you have access to Lexis/Nexis or WestLaw, etc., you can always just look up and read the cases online & save the cost of the textbook.
To really understand Torts, I suggest getting a study aid like Examples & Explanations, which I think is put out by Lexis press or the Professor Series by Gilberts. The Finals series are good, too.
Pretty Standard, Could Be Better.......2005-11-22
OK, it's a casebook. By definition it is just a bunch of cases thrown together to demonstrate various areas of the law. But lately there has been a new trend in books for 1Ls... analysis. Sure, this book has "Notes" sections between the cases, but they are little more than hypotheticals or one-line versions of even more cases. What about some essays? Talk about the logic behind the cases or maybe mix in some Law and Economics theory. As a generic casebook this is quite good, but adding a little more than just cases would be outstanding.
The old standard--but outdated.......2004-06-15
This book is still used a great deal in law schools, but there are better casebooks now with modern, more interesting cases and more thoughtful analysis. Instead, try Goldberg, Sebok and Zipursky, Tort Law: Responsibilities and Redress.
Best Textbook Ever.......2003-04-14
Wohoo! Great book! Read it cover to cover in 2 days! Makes law easy! I love it! My kids love it! Kids everywhere will love it! Read it to your children at bedtime!
Product Description
Tort law remains a dynamic field, subject to constant refinement and rethinking. The new Eighth Edition reflects these evolving developments in recent case law and legislative activity, as well as commentary ranging from the ongoing Third Restatement of Torts (Physical Harm) project to the September 11th Victim Compensation Fund. The principal focus of this book is the law of negligence, strict liability, and no-fault as alternative approaches to compensating the victims of accidental harm and creating optimal incentives to safety. This leading casebook covers all major aspects of tort law with expertly edited cases, and original text. It also includes detailed discussions of liability, causation, defamation, privacy, damages, insurance, and tort alternatives
Customer Reviews:
the worst casebook in all lawschool.......2006-06-28
I never encountered a less useful book during all my three long years at law school. Do youself a favor and buy a companion guide- nutshell or something.
Wishful thinking from Insurance Company Defense.......2003-02-07
Particularly when compared to the classic Prosser & Keaton, it is pretty clear that this text is geared toward tort "reform." There are long excerpts from law review articles written by the authors (how modest.) Conservative points of view are offered without "alternatives." The history of torts in the common law is rather distorted, particularly regarding strict liability which these authors present like it is a surprising new invention. The Products Restatement is overemphasized. And too many cases that come out aberrantly for the defense are included. If nothing else deters you from registering for the class that uses this book, consider how you would feel about a book called "Tax Law and Alternatives" or "Contract Law and Alternatives." This is law school folks. The alternatives are Med School and B-School. As long as you're in law school please try to find out what the law is. What somebody thinks it should be is all well and good, but it is not helpful to present "alternatives" as thought they are the current state of tort law.
1st Year Tort Law.......2000-09-03
You will most likely not buy this book for fun but because your 1st year law professor tells you to. Most parts of the book are very dry and it takes a long time to read it properly. The cases are good, standard Tort cases. The most helpful explanations can be found in the Notes and Questions. While the book is dry bordering on boring, the Notes and Questions at the end of each chapter will give you a much better understanding of the information. Franklin and Rabin deal with physical injuries, non-physical harm, causation, trespass and liability.
Not a great reference book, which it doesn't pretend to be. Very much a standard text book to be used for first year Tort Law.
Book Description
Covers the evolution of the basic building blocks of modern tort law. Includes revised chapters on product liability, insurance, and non-tort alternatives. Minimally edited cases make this edition a good vehicle for teaching first-year students the essential techniques of case analysis and legal method. Includes chapters on negligence, causation and plaintiff's conduct as a contributing cause, nuisance, misrepresentation and tortious interference with contract and prospective contract, false imprisonment and misuse of legal process, constitutional torts, and immunities.
Customer Reviews:
It's a case book..........2005-09-18
It's a case book. I looks like a case book, smells like a case book and most importantly, it reads like a case book. Get the point?
Who is the reasonable man?.......2000-11-11
Simply sensational! A true page-turner! George Christie has really outdone himself with the third edition of this legal classic. A must-buy for every law student. Professor Christie has brought Torts to life in a way that only he can! Think contributory negligence is still alive? Think again. Christie sets the record straight in an epic tale of tortfeasors and trespass, judges and juries, restatements and res ipsa loquitur. Assume the risk and buy this one today!
Book Description
Law school casebook patterned to reflect new developments in tort law and process. The casebook substantially reduces the emphasis heretofore given to negligence law and increases the attention focused on alternatives. Included throughout the book are cases that are useful on issues of substantive law, which also serve as excellent vehicles for an inquiry into process.
Product Description
Focuses on the theories of liability that private plaintiffs may rely upon to recover for environmental or toxic harms. Presents special procedural problems of causation posed by Environmental and Toxic Torts. Addresses special harms that often relate to seeking recovery for future, but as yet unrealized, consequences of their exposure to toxic substances. Regards the role of state and federal statutes and regulations in private tort actions, including discussion of express and implied preemption and the Supreme Court decisions. Discusses proposals for reform of the tort system.
Customer Reviews:
What a great casebook!.......2006-10-14
I really enjoyed this casebook. In contrast to other books, this one not only has good main cases, but also smaller cases so you get a fuller picture of the law. After you read a case, there is a "discussion" section where the author discusses other similar cases in that area and the questions that can arise (what if? type of questions), which really get you thinking. Some people have said Epstein presents the law as he would like it to be, or that it's too focused on strict liability, but it's nothing I noticed. For my torts class this book is the only one we have to read, it's like a 2-in-1, instead of having to lug around two books, one for cases and one for law. The material presented in this book is clear and easy to understand and the reading is involving. Maybe I just like torts, I don't know, but I would have to say this is my favorite law book so far.
Entirely too much Epstein and too little tort law.......2004-08-09
I definitely agree with the reviewer that Epstein too often presents the law as he wishes it were (and that the mainstream does not wish for), rather than the way it is. This man is such a strong believer in strict liability that he argues for this view over and over and over ... to the point at which I want to sue him for IIMD!
Other problems I have with the book:
1. Many of the squibs should be included as whole cases (to make room for them, cut out some of the commentary and a lot of the other squibs -- squibs are hard to understand, as they lack context).
2. Include further reading suggestions in footnotes. 1L's just don't have time to follow up on all the treatises and law review articles mentioned, and rather than remove such valuable information, move it to a footnote (or better yet an endnote) so that assignments are more easily read. I genuinely want to understand this material, and really care about it, but the assignments in this book are incredibly tedious because of all the extra material that I have had to train myself to skip just to get through it.
3. Cite yourself just a little less often. Reading this book you just know Epstein was the worst kind of gunner. Don't get me wrong -- I am a bit of a gunner myself. And I appreciate that the book is written by an authority in the field. But it's over the top and it disrupts the flow.
4. Finally, ease up on the quotes of old English cases to make fairly simple points. It slows down the reading and doesn't add to comprehension, so why bother? Here's an example:
The point being made: Courts are hostile to any requirement of mitigation by plaintiffs in nuisance suits.
The quote used to make this point: (Wood, 1893)
A person injured by a nuisance, is not precluded from a recovery by the fact that he might, by small exertion and a small expenditure, have prevented the injury, the rule being, that as it was the defendant's duty to abstain from the creation of the nuisance, and having created it adjoining owners are not bound to guard against the consequences ensuing therefrom, when in order to do so they are required to expend time or money .... A party is not bound to expend a dollar, or to do any act to secure for himself the exercise or enjoyment of a legal right of which he is deprived by reason of the wrongful acts of another.
(And a question to legal writers: Why do you feel compelled to say the same thing three slightly different ways? Are you paid by the word? But I digress.)
Anyway, I guess I can see why Epstein made some of the choices he made, but he seems to have forgotten his audience (1Ls) who are working with heavy reading loads learning a new language and new way of thinking -- and rather than shining light on this magical and amazing field of law, he darkens it with poorly written explanations, tedious recitals of related material, and entirely too much pontificating about the state of the law. I am not asking him to dumb down the book, but rather to brighten it.
Back to studying ...
Good Casebook.......2004-03-23
Full Disclosure: I had Epstein as a professor (though not for torts) and like him personally. The critical review below is unfair. Epstein's book is certainly slanted towards a law and economics approach to torts, but it is hardly the ideological screed that the review makes it out to be. Epstein often presents cases taking approaches with which he would probably not agree and acknowledges when his own views differ from the majority opinion (which, as noted below, happens frequently). Especially when presenting arguments in the notes, Epstein almost always cites case law and law review articles contradicting him. It is true that the book probably does not spend enough time addressing reasoning that is not based in law and economics, but all case books have their flaws and this is the only signicant one I can find with this book. On the other side, the editing is very good, the chapters present the concepts in an intuitive order, and the notes to the cases were among the most interesting that I read in law school. Moreover, for students who are struggling to grasp the material, there is the Epstein treatise, which follows the book closely and explains the topics in a more straightforward manner (obviously at the cost of some the inherent complexity of the issues, but it makes a good supplement). Finally, as between a book that emphasizes law and economics in torts and one that emphasizes, say, corrective justice, it seems more valuable to have one that emphasizes law and econ because this is the less intuitive mode of analysis of the subject for most students. In a socratically taught class, it's likely that students will raise corrective justice issues on their own, when these can be compared with the material from the book, but it is less probable that students will fully calculate the economic ramifications of a precedential decision's effect on future actors' incentives unless they are encouraged to think this way when reading the cases. In sum, although the book would probably improve if it were not quite so heavily weighted towards law and economics, it is still a well edited, intuitively structured casebook with note material that should engage and interest students in the subject.
Torts in Epstein Land.......2002-05-11
Epstein consistently fails to distinguish between the law as applied by real courts and the law as Epstein would like it to be. On the rare occassion that he does acknowledge that his views are not law, he refuses to present the arguments in favor of the majority rule fairly or objectively, often characterizing a court's allegedly faulty application of a rule as a mistake, or worse. The vast majority of Epstein's views in any area of law, including the law of torts, are way out on the fringe of American jurisprudence, and he does the reader a disservice by pretending otherwise.
Extraordinary Casebook.......1997-09-11
Richard Epstein's Cases and Materials on Torts is easily the best casebook I used in law school. The cases are well edited, and the prose clear and tight. The notes after and before the cases are clear and thought provoking, but more importantly, let the reader know why the cases have been included in the book. While the book is heavily slanted toward a law and economics approach to tort law, I recommend this book for any professor who wants a systematic and clear approach to tort law that students will appreciate
Book Description
This Advanced Torts Casebook is designed for a two or three hour torts course for students who have had a basic torts course and wish to pursue in depth some of the important topics of tort law that are either not covered or not covered in much depth in their basic torts course. The book focuses on: products liability; economic torts; the role of insurance in tort litigation; and the major dignitary torts, such as intentional inflection of emotional distress, defamation, invasion of privacy, and misuse of legal process.
Customer Reviews:
Needs More Editorial Attention.......2006-06-24
(Caveat: My use of this casebook only encompasses Chapters Two and Three.)
The first edition (published in 2004 and as of June 2006 the only edition) of this casebook includes confusing typesetting (e.g., the use of hyphens where dashes would be appropriate), many typographical errors (in both the cases and the notes), and poorly composed sentences (in the notes), all of which contribute to unnecessary difficulties in reading and apprehension. The subject matter is already difficult enough without these additional obstacles. One hopes that future editions will smooth over these problems.
Book Description
This casebook provides detailed information on the subject of products liability and safety, and the tools for fast, easy, on-point research. Part of the University Casebook Series, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
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