The Test of Factual Causation in Negligence and Strict Liability Cases

The Test of Factual Causation in Negligence and Strict Liability Cases PDF Author: Arno C. Becht
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 240

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Test of Factual Causation in Negligence and Strict Liability Cases

Test of Factual Causation in Negligence and Strict Liability Cases PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Products Liability Law

Products Liability Law PDF 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.

Tort Law

Tort Law PDF Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 1316598497
Category : Law
Languages : en
Pages : 465

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Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Negligence Without Fault

Negligence Without Fault PDF Author: Albert A. Ehrenzweig
Publisher: Univ of California Press
ISBN: 0520350154
Category : Law
Languages : en
Pages : 104

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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Causation in European Tort Law

Causation in European Tort Law PDF Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 1108418368
Category : Law
Languages : en
Pages : 785

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Book Description
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Proof of Causation in Tort Law

Proof of Causation in Tort Law PDF Author: Sandy Steel
Publisher: Cambridge University Press
ISBN: 1107049105
Category : Law
Languages : en
Pages : 461

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Book Description
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Causation in Negligence

Causation in Negligence PDF Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1782255206
Category : Law
Languages : en
Pages : 204

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Book Description
The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.

Torts

Torts PDF Author: Aaron D. Twerski
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 912

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Book Description
This concise new casebook is ideally suited for a one-semester, four-credit course. With key cases and understandable notes skillfully presented in just 800 pages, Torts: Cases and Materials offers a refreshing, enjoyable choice for students and instructors.This new casebook is designed to facilitate student comprehension: - eminently teachable cases and informative topical notes convey the core of tort law - notes challenge students to consider provocative questions about the cases - Authors' Dialogues, a series of informal, highly engaging in-text discussions and debates between the authors, raise points about the topic under discussion while modeling the skills of persuasion and critical thinking - short hypotheticals throughout the book test variations on fact patterns - carefully edited cases strike the right balance between preserving the flavor of the case and overwhelming students with details - a comprehensive Teacher's Manual answers questions raised in the text, identifies important secondary literature, and provides commentary on the Authors' Dialogues as well as suggestions for using the Chat Rooms in class or as reading assignmentsThis concise yet thorough casebook addresses the full range of issues, including: - intentional Torts and privileges/defenses - negligence - actual causation and proximate causation - nonliability for foreseeable consequences - owners and occupiers of land - affirmative defenses - joint tortfeasors - strict liability - products liability - trespass to land and nuisance - damages - compensation systems as alternatives - defamation and privacyBefore you adopt a casebook for your next Tortscourse, be sure to review the book that was created for effective learning and efficient teaching--Aaron D. Twerski and James A. Henderson's Torts: Cases and Materials.

Causation and Risk in the Law of Torts

Causation and Risk in the Law of Torts PDF Author: Richard Goldberg
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 288

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Book Description
A comparative account of the scientific and legal issues related to proof of causation in alleged cases of drug-induced injury, principally in the UK, Europe, and North America. In four case studies (DES, Bondoctin, vaccine damage, and the Gulf War Syndrome) the authors argue that current methods towards causation could be improved by using probabilistic approaches that give greater weight to epidemiological statistics, as refined by the application of Bayes' Theorem. The economic implications of the proposals are discussed. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR