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This edition of the casebook remains sufficiently flexible to meet
widely varying needs. It is appropriate to use in a two- or a
three-hour course. The structure of the book permits omission of
entire chapters or portions of chapters without disrupting the flow
of the course. The book is arranged so that the core of products
liability law is presented in the first six chapters, but the
materials may also be taught out of order. Topics include
misrepresentation and warranty law, defects and reasonableness,
cause-in-fact, proof, proximate cause and damages. The remaining
chapters cover core topics in products liability litigation. After
a brief introduction, Chapters 1 and 2 address the application of
misrepresentation and warranty law to products cases. These
theories remain viable in most jurisdictions and in a few
jurisdictions that never adopted the Restatement (Second) of Torts
Section 402A, they remain at the core of modern products liability
law. Chapters 3 and 4 address the development of modern products
liability law and its defining characteristic: its focus on the
concept of "defect" rather than the concept of reasonableness.
Chapter 4 systematically presents materials on manufacturing,
design and warning defects organized around Section 2 of the
Restatement (Third) of Torts: Products Liability. Chapter 5
addresses cause-in-fact, especially the choice between the Second
and Third restatements' approaches to cause-in-fact. Here as
elsewhere the book does not attempt to reprise the coverage of
causation in the first-year tort course, but rather focuses on the
special cause-in-fact issues that typically emerge in product
liability cases. Likewise, Chapters 6, 7 and 9 focus on the proof,
proximate cause, and damages questions that most frequently arise
in the products liability arena. The remaining chapters in the book
cover the remaining core topics in products liability litigation:
a) the effect of statutes and regulations b) apportionment of
liability between plaintiff and defendant and among defendants in
multi-party litigation c) the effect of statutes of limitations and
repose d) parties and transactions that are covered and are not
covered by products liability law e) complex litigation, including
multidistrict litigation, class actions, and other forms of
aggregate claim resolution.
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.
CasebookPlus Hardbound - New, hardbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
A Better Way to Present Remedies This state-of the-art casebook is
both easy and fun to use. It is designed to give you the basis for
an enjoyable, comprehensive learning experience for your students,
providing you with the sort of piquing materials that should prompt
interested and insightful classroom discussion. The focus here is
on teachability, rather than encyclopedic coverage of the field.
Classic Supreme Court opinions are included, as well as numerous
problem-style hypotheticals that are based on the facts of
cutting-edge lower court rulings. The casebook also uses text boxes
inside the judicial opinions to pose questions for class
discussion, provide practice pointers, and share useful links to
information about the history and impact of the decisions. This
mixed presentation of traditional doctrines and debates about
current legal issues allows your students to hone their analytical
skills, as they learn to construct the arguments for today's
remedies cases. CasebookPlus Hardbound - New, hardbound print book
includes lifetime digital access to an eBook, with the ability to
highlight and take notes, and 12-month access to a digital Learning
Library that includes self-assessment quizzes tied to this book,
leading study aids, an outline starter, and Gilbert Law Dictionary.
This text provides a concise summary of equity laws including
equity and equitable remedies, enforcement of equitable decrees,
injunctions, restitution, declaratory judgments, and damages. It
discusses the historical perspective on equity, contempt rules, and
forms of loss as they relate to damages.
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