Cases and Materials on the Law of Torts

This sixth edition, continuing the use of minimally edited cases, serves as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. This edition has been substantially shortened so as to meet the needs of instructors who teach a three or four hour introductory tort course. Throughout, the book is modified to include developments in tort law since the fifth edition was published in 2012. For example, the intentional tort chapter recognizes and discusses the Restatement (Third) of Torts: Intentional Torts. The chapters on negligence and causation recognize and discuss cases relying on and referencing the Restatement (Third) of Torts: Liability for Physical & Emotional Harm. The chapter on duty reflects the framework by which courts think about duty. It brings together in one place all the areas of tort law that apply special duty rules. The Causation Chapter adds material on causation in toxic tort cases and the admissibility of expert witnesses after Daubert. The materials on products liability capture recent developments in that area. The Insurance Chapter incorporates the new restatement on insurance law. The chapter on tort reform updates the empirical research on the operation of the tort system and the effects of tort reform.