A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
The new edition of the number one study aid in Torts gives students even more assistance while continuing to uphold the standard of quality applauded by instructors nationwide. THE LAW OF TORTS: Examples & Explanations, Second Edition, provides the same kind of clear and engaging introductions to essential principles that made its predecessor such a lifesaver for first-year students. This paperback study guide demystifies the field through: The recognized teaching skills of its author - Joseph Glannon's best-selling CIVIL PROCEDURE: Examples & Explanations established the style of this series and secured his reputation among students as the author who makes complicated subjects understandable. a uniquely entertaining, conversational style coverage that parallels the standard casebook: intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct extraordinarily well-crafted examples that apply legal concepts to particular fact situations a 'one-step-at-a-time' approach that begins with the basics and gradually builds students' analytical skills, knowledge, and confidence Significant changes for the Second Edition include: a brand-new, three-chapter section on Taking a Torts Essay Exam that addresses potential pitfalls and includes guidance, tips, sample exam questions and answers an expanded discussion of causation for greater clarity and accessibility new citations reflecting the most current law new examples and explanations throughout the text Help students enhance their understanding of Torts with THE LAW OF TORTS: Examples & Explanations, Second Edition. Recommend it to your students today! Also by Glannon: Civil Procedure: Examples & Explanations And don't forget Glannon's popular audio program: Fireside Civil Procedure: An Audio Companion
A longtime favorite series among professors and students alike, Examples & Explanations is now available as a Bonus Pack. It's the best of both worlds - a print copy of Examples & Explanations: the Law of Torts, 4th Ed. for your desk reference and an
Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
What do the people say about this book?"This has been very helpful to clarify my understanding of the law of Tort in an easy way. I strongly recommend this course to any students struggling with the law of tort"."I was pleasantly surprised with the contents of the course. It covers all the necessary topics. Thank you Law Academy Online, it helped me to clarify my understanding of the law of tort very well.""The course is exactly what it says on the tin. I doubt that you will need any other book once you have gone through this course. Very helpful and highly recommended!"This book meets the needs of anyone interested in the law of torts, compensation and Negligence. The book has been divided and then subdivided into small sections to make the learning easy. Students can learn the law of torts in chunks! Moreover, at the start of each section there is a list of objectives so that you can test yourself at the end of any particular section if you have achieved your objectives. Unfortunately, the word 'Torts' sounds baffling to many as the word is not used generally and not many people (including prospective law students) are familiar with it. This is unlike other areas of law, for example, land, crime and contract due to the common use of the words in our daily lives. This book contains examples and case illustrations to make law of torts easy even for a lay person. This handbook has been written to assist the law students in clarifying their legal concepts of the law of tort. This book emphasises, inter alia, upon the area of 'Negligence' which is at the heart of the law of tort and without which the law of tort will lose most of its significance. We have made every effort to make sure that we have all the necessary case law covered. At the same time we have avoided any unnecessary material. So the result is that the content is not so less that it misses out important information and it is not so much that the students find it another hassle to be bothered with. The topics have been divided into sub topics so that the students can learn their law of tort in chunks rather than leaving it somewhere in the middle of an essay and then start again. We hope that you will find this handbook very useful in clarifying your concepts and in helping you pass your law exams.
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.