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Author: Mark Geistfeld
Publisher: Aspen Publishing
ISBN: 1543820670
Category : Law
Languages : en
Pages : 800
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Book Description
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.
Author: Mark Geistfeld
Publisher: Aspen Publishing
ISBN: 1543820670
Category : Law
Languages : en
Pages : 800
Get Book Here
Book Description
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.
Author: Martin Alan Kotler
Publisher:
ISBN: 9781594601774
Category : Law
Languages : en
Pages : 620
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Book Description
Products Liability and Basic Tort Law is primarily intended as a supplement to whatever casebook is adopted in a law school Products Liability course. Law teachers using a case discussion method find that this invariably leaves numerous gaps in the material covered. Additionally, many students need to have the material organized in a narrative format. This book is intended to fill in the gaps, provide greater depth to the materials normally covered in class, and expand upon those materials by presenting subjects that cannot be assigned for class discussion given the inevitable time constraints. The book covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence.Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a traditional first-year law school torts class.In order to make it more useful to students, the author has included for discussion and illustration purposes the classic products and tort cases contained in many of the major products liability and torts casebooks. Even when those cases could not be discussed in the text, he has included many in the notes, creating a table of cases that serves as a useful index for students.In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case.
Author: Mark Geistfeld
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.
Author: David G. Owen
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1440
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Book Description
This hornbook delves into the expanding field of products liability law. It focuses on the major issues of products liability law, addressing them in a clear, comprehensive manner. The book starts out with introductory discussions on the nature and history of the law in the United States and abroad. It proceeds with detailed inquiries into the theories of liability, product defectiveness, causation and defenses. The book ends with a focus on selected issues, including punitive damages.
Author: Arthur Best
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 944
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Book Description
If you want your students to have a solid foundation in the doctrine, theory, and applications of tort law when they complete your course, this accessible coursebook deserves your careful consideration. Basic Tort Law: Cases, Statutes, and Problems presents a clear, explicit review of content, excellent case selection, and memorable, classtested problems.This concise, practical casebook was written with the needs of both instructors and students in mind: - the expert authors draw on their years of experience; Arthur Best is the author of the enormously successful Examples & Explanations study guide on Evidence - clear, direct text introduces cases and explains important concepts; nothing is hidden from the student - a balanced presentation of modern and classic cases includes Vaughan v. Menlove (standard of care), Vincent v. Lake Erie Transportation Co. (the doctrine of "incomplete privilege"), and Greenman v. Yuba Power (product liability) - appealing and memorable problems based on actual reported cases reinforce understanding and build analytical skills - the book is distinctly contemporary, reflecting the most current thinking on key issues - ample background information places cases and statutes in context - accessible notes highlight key issues, alternative perspectives, and basic theoryAn exceptionally thorough Teacher's Manual accompanies the book with: - sample syllabi and guidance for structuring four-and six-credit courses - detailed suggestions for class preparation, including specific tips on how to present the cases and materials - answers and analysis for all the problems and questions raised in the book - multiple choice and true/falsequizzes usable in an internet-based automatic quiz systemsGive your students a casebook that builds their confidence as it expands their knowledge--Best and Barnes' Basic Tort Law: Cases, Statutes, and Problems.
Author: Tim Kaye
Publisher:
ISBN: 9781594608421
Category : Products liability
Languages : en
Pages : 0
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Book Description
Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other, equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions. While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law: Cases, Commentary, and Conundra lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates. Supplementing the text with numerous original flowcharts, tables, and other diagrams--as well as asking thoughtful questions along the way--this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.
Author: Jane Stapleton
Publisher: Cambridge University Press
ISBN: 9780406035035
Category : Law
Languages : en
Pages : 420
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Book Description
An erudite and provocative work, Stapleton: Product Liability will be of keen interest to students and teachers on courses in tort, product liability, consumer law, EC law and the philosophical foundations of the common law.
Author: Marshall S. Shapo
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 1004
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Book Description
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Richard A. Epstein
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1214
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Book Description
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
