Torts: Cases and Materials 6th Edition By Aaron Twerski, James Henderson, Bradley Wendel
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- 704
- File size
- 7.74 MB
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- Digital PDF
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- Education
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- eBook[PDF]
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About this ebook
The sixth edition of Torts: Cases and Materials by Aaron Twerski, James Henderson, and Bradley Wendel (published by Aspen Publishing) covers the foundational and advanced doctrines of American tort law. Modeled after the classic Prosser structure, it heavily integrates the modern legal developments from the Restatement (Third) of Torts. [1, 2, 3]
Core Topics and Chapter Overview
- Intentional Torts – Initial framework focusing on intentional interference with persons and property (e.g., battery, assault, false imprisonment, and conversion).
- Negligence – The core mechanics of a negligence claim, analyzing breach of duty and the reasonable person standard.
- Causation – In-depth coverage of cause-in-fact and the legal parameters of proximate cause.
- Non-Liability & Limited Duty Rules – Explores legal limitations on liability for foreseeable consequences, including emotional distress and pure economic loss.
- Owners and Occupiers of Land – Premises liability rules governing the duties owed to invitees, licensees, and trespassers.
- Affirmative Defenses – Main defensive doctrines such as contributory negligence, comparative fault, and assumption of risk.
- Joint Tortfeasors – Liability allocation among multiple defendants, including joint and several liability, contribution, and indemnity.
- Strict Liability – Liability imposed without fault for abnormally dangerous activities and wild animals.
- Products Liability – In-depth study of manufacturing defects, design defects, and failure to warn (a specialty area for co-author Aaron Twerski).
- Trespass and Nuisance – Common law actions for intentional and unintentional interferences with the use and enjoyment of private property.
- Damages – The measurement of compensatory, nominal, and punitive legal remedies.
- Defamation – Common law and constitutional standards governing libel, slander, and reputational harm.
- Privacy – Tort actions protecting against public disclosure of private facts, intrusion upon seclusion, and false light. [1, 2, 3]
Key Updates to the 6th Edition
- Restatement (Third) Integration: Deepened focus on modern developments surrounding foreseeability, duty, and proximate cause.
- Judicious Case Pruning: Extensively edited judicial opinions designed to highlight the raw rhetorical style and reasoning of judges while cutting historical filler.
- Dissenting Opinions: Increased integration of prominent dissents to facilitate deep classroom policy debates. [1]
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