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Book Products Liablility and Basic Tort Law

Download or read book Products Liablility and Basic Tort Law written by Martin Alan Kotler and published by . This book was released on 2005 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Products Liability Law

    Book Details:
  • Author : Mark Geistfeld
  • Publisher : Aspen Publishing
  • Release : 2021-10-07
  • ISBN : 1543820662
  • Pages : 800 pages

Download or read book Products Liability Law written by Mark Geistfeld and published by Aspen Publishing. This book was released on 2021-10-07 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Basic Tort Law

    Book Details:
  • Author : Arthur Best
  • Publisher :
  • Release : 2003
  • ISBN :
  • Pages : 944 pages

Download or read book Basic Tort Law written by Arthur Best and published by . This book was released on 2003 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Principles of Products Liability

Download or read book Principles of Products Liability written by Mark Geistfeld and published by . This book was released on 2006 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Products Liability Law

    Book Details:
  • Author : David G. Owen
  • Publisher : West Academic Publishing
  • Release : 2005
  • ISBN :
  • Pages : 1440 pages

Download or read book Products Liability Law written by David G. Owen and published by West Academic Publishing. This book was released on 2005 with total page 1440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Product Liability

    Book Details:
  • Author : Jane Stapleton
  • Publisher : Cambridge University Press
  • Release : 1994-02
  • ISBN : 9780406035035
  • Pages : 420 pages

Download or read book Product Liability written by Jane Stapleton and published by Cambridge University Press. This book was released on 1994-02 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Products Liability

Download or read book Products Liability written by James A. Henderson and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Products Liability: Problems and Process, is a challenging yet student-friendly and accessible book that has proven itself over time. Written by exceptional instructors who also served as the two reporters for the Restatement (Third) of Torts: Products Liability, there is no better introduction to this intriguing topic than this casebook. In addition to the stellar authorship of this concise casebook, you will notice these outstanding features: The text fully integrates the Restatement rules and comments. The problem-based approach applies the law to real-life situations . Student-friendly mix of cases, notes, and problems that introduces students to black letter law and its underlying policies. Further refinements to the Sixth Edition include: New problems New cases, including: Parish (Iowa S. Ct.) on category design liability Greene (Michigan S. Ct.) on failure to warn Williams on punitive damages This compact yet inclusive casebook provides everything you need to teach an engaging, enlightening course in Products Liability. Put to the test in classroom after classroom, edition after edition, Products Liability: Problems and Process, Sixth Edition, is justifiably a favorite among students and professors alike.

Book The Law of Products Liability

Download or read book The Law of Products Liability written by Marshall S. Shapo and published by MICHIE. This book was released on 1994 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Products Liability in a Nutshell

Download or read book Products Liability in a Nutshell written by David G. Owen and published by West Academic Publishing. This book was released on 2005 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.

Book Business Law I Essentials

    Book Details:
  • Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
  • Publisher :
  • Release : 2019-09-27
  • ISBN : 9781680923025
  • Pages : 180 pages

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Cases and Materials on Torts

Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Torts

    Book Details:
  • Author : John C. P. Goldberg
  • Publisher : Oxford Introductions to U.S. L
  • Release : 2010
  • ISBN : 0195373979
  • Pages : 437 pages

Download or read book Torts written by John C. P. Goldberg and published by Oxford Introductions to U.S. L. This book was released on 2010 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christina Brooks Whitman, Francis A. Allen Collegiate Professor of Law, University of Michigan Law School --

Book Comparative Product Liability

Download or read book Comparative Product Liability written by Geraint G. Howells and published by Dartmouth Publishing Company. This book was released on 1993 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a grounding in the principles of product liability and examines how they have been tackled by different legal systems. In particular the author looks at European developments against the background of, for example, the United States, where the concern to protect consumers of defective products has led to something of a products liability crisis - large damage awards plus strict liability have meant that it is difficult for some industries to obtain insurance - and New Zealand, where a no fault compensation scheme operates. The book provides an understanding of the process by which European laws are harmonized, by analyzing the European Directive on Product Liability - and assesses how effective the measures taken have been in the European Community and elsewhere.

Book Product Liability

    Book Details:
  • Author : Duncan Fairgrieve
  • Publisher : Oxford University Press
  • Release : 2020-05-20
  • ISBN : 0191669946
  • Pages : 1112 pages

Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Book Tort Law

    Book Details:
  • Author : John C. P. Goldberg
  • Publisher : Aspen Publishers
  • Release : 2012
  • ISBN : 9781454806882
  • Pages : 0 pages

Download or read book Tort Law written by John C. P. Goldberg and published by Aspen Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: Responsibility and Redress is an accessible, sophisticated casebook that provides students with a comprehensive understanding of the historical and contemporary development of the law. Drawing upon classic and current case law, followed by illuminating notes, it clarifies key tort concepts such as duty, breach, proximate cause and intent in a way that students find clear and relevant. The Third Edition has been updated to expand treatment of the Third Torts Restatement and emerging case law pertaining to emotional distress, products liability, comparative tort law and the Alien Tort Statute. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors. Hallmark features: Incredibly versatile, this text has been successfully adopted at a wide range of schools and can be taught from any intellectual or political perspective. Presenting tort law as a complex but coherent whole, giving students a clear sense of what tort law is and what it does. Grounded and pluralistic treatment recognizes the richness and diversity of the legal rules and concepts that make tort law what it is. Comprehensive case mix presents current and classic cases , exposing students to diverse decisions from jurisdictions around the country, from lower courts to state high courts. Progresses from negligence to intentional torts to products liability while permitting the professor to focus on an array of contemporary issues. Extraordinarily clear introductory text and notes after cases are routinely cited by students as highly accessible, illuminating and relevant. Thoroughly updated, the revised Seventh Edition includes: Expanded treatment of the Third Torts Restatement, and emerging case law pertaining to emotional distress, products liability, preemption, comparative tort law and the Alien Tort Statute. Streamlined coverage of subjects including causation and products liability permits quick presentation or in-depth exploration. Reorganized Intentional Torts Chapter. New PowerPoint slides on core cases and topics.

Book Uniform Product Liability Act

Download or read book Uniform Product Liability Act written by United States. Department of Commerce and published by . This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Reforming Products Liability

Download or read book Reforming Products Liability written by W. Kip Viscusi and published by Harvard University Press. This book was released on 1991 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.