Tort Law: Cases and Materials, Jodi Gardner, Sarah Green

Автор: Mitchell
Название: A History of Tort Law 1900–1950
ISBN: 0521768616 ISBN-13(EAN): 9780521768610
Издательство: Cambridge Academ
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Цена: 120390.00 T
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Описание: This is the first historical study of English tort law during the first half of the twentieth century. It is particularly concerned with how the common law responded to dramatic social changes and with the emergence and operation of the first official body tasked with reforming private law.

Автор: Franklin, Marc A. Rabin, Robert L. Green, Michael D. Geistfeld, Mark A. Engstrom, Nora Freeman
Название: Tort law and alternatives
ISBN: 164708489X ISBN-13(EAN): 9781647084899
Издательство: Mare Nostrum (Eurospan)
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Цена: 306770.00 T
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Описание: Covers all major aspects of tort law with expertly edited cases and original text. The principal focus of the book is the law of negligence, strict liability, and no-fault legislation as alternative approaches to compensating the victims of accidental harm and creating optimal incentives for safety.

Автор: Linda S. Mullenix
Название: Mass Tort Litigation, Cases and Materials
ISBN: 1684679583 ISBN-13(EAN): 9781684679584
Издательство: Mare Nostrum (Eurospan)
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Цена: 305850.00 T
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Описание: This fourth edition to the casebook reflects the rapidly changing legal landscape of mass tort litigation. This new edition also reflects the wisdom gained from teaching the text over many years and incorporates changes that hopefully render the subject of mass tort litigation more comprehensible to students. Consequently, this new casebook edition reorganizes the chapters—and the content of many chapters—to provide both a chronological as well as thematic approach to understanding the landscape of evolving mass tort litigation. The passage of time has also suggested that some decisional law is of subsidiary importance. In addition, some materials in the third edition redundantly explored mass tort concepts presented elsewhere in the text. These ancillary or redundant cases have been excised from this new edition. This new fourth edition integrates recent decisions setting forth new concepts in mass tort litigation in the revised text.

The introductory chapters have been reorganized to introduce students to the seminal cases in mass tort litigation and the jurisprudential debate that undergirds all policy debates about the wisdom of aggregating tort claims into group litigation. The following chapters have consolidated all the materials relating to ethical issues in mass tort litigation including client solicitation, the "first plaintiff" problem, adequacy of representation, fiduciary duties, and the aggregate settlement rule in class and non-class contexts. The chapter sets forth two substantial decisions where attorneys have been sanctioned for various professional misconduct in the settlement of MDL non-class aggregate litigation. The materials on class certification have been revised to focus on the recent departure of the timing of class certification from previous practice of back-end judicial class certification to courts' new role in provisionally certifying a mass tort settlement class at the front end of litigation. New chapters have been added addressing recent developments, as indicated below.

What's New in the Fourth Edition

This new fourth edition includes the 2018 amended Rule 23, with its extensive amendment of the Rule 23(e) settlement provisions. The chapter on modern decisional law relating to settlement classes after the Supreme Court's decisions in Amchem Prods. v. Windsor and Ortiz v. Fibreboard has added an excerpt from a 2020 Northern District of California decision, In re: Roundup Prods. Liab. Litig., to prompt a discussion of the role of "provisional certification" of settlement classes under modern practice.

An entirely new chapter has been added dealing with the "negotiation class", including the Sixth Circuit's repudiation of Judge Aaron Polster's certification in In re: National Prescription Opiate Litigation (6th Cir. 2020). Included is an excerpt from Judge Karen Nelson Moore's dissenting opinion focusing on the legitimacy of the negotiation class as a logical development of the settlement class concept, authorized by the class action rule's text and history of class litigation.

The chapter on innovative approaches to mass tort litigation has added a new subchapter presenting the emerging mass tort litigation theory of public nuisance. It includes an excerpt from the Oklahoma Supreme Court's decision in Hunter v. Johnson & Johnson (2021), rejecting the use of a public nuisance theory in Oklahoma state litigation over opioid harms. The Oklahoma Supreme Court decision does a capable job of setting forth the concept of mass torts as public nuisance. This decision might be contrasted with the national opiate MDL, also predicated on public nuisance theories, as resulting in harms to governmental entities. These materials afford a good opportunity to discuss emerging theories to support mass tort claims and relief; they can be used as a springboard to explore use of the public nuisance approach in other possible mass torts, such as gun violence and resulting injuries.

A new subchapter on MDL litigation has been added that explores the role of Lone Pine orders in resolving MDL litigation. This subchapter focuses on the Third Circuit's decision in Hamer v. Livanova v. Deutschland Gmbh (3d Cir. 2021), discussing a claimant's non-compliance with an MDL Lone Pine order in MDL litigation resulting from injuries from open heart surgery. The decision affords a good opportunity to explore the role of Lone Pine orders in resolving MDL mass tort litigation and the authority of an MDL judge to issue such orders.

Автор: Beever, Allan
Название: Theory of tort liability
ISBN: 1509926429 ISBN-13(EAN): 9781509926428
Издательство: Bloomsbury Academic
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Цена: 34840.00 T
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Описание: This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant’s Metaphysics of Morals, the book shows that Kant’s theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another’s property to one’s purposes directly, liability for doing something to a third party that puts another or another’s property to one’s purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

Автор: Cane Peter
Название: Key Ideas in Tort Law
ISBN: 1509909427 ISBN-13(EAN): 9781509909421
Издательство: Bloomsbury Academic
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Цена: 16890.00 T
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Описание: This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject.


'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.'

Andrew Robertson, Professor of Law, Melbourne Law School

Автор: Steel Sandy
Название: Proof of Causation in Tort Law
ISBN: 1107679850 ISBN-13(EAN): 9781107679856
Издательство: Cambridge Academ
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Цена: 46470.00 T
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Описание: Sandy Steel explores how the rules of causation and exceptional departures from those rules are manifested in the tort laws of England, Germany and France. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Автор: Donal Nolan, James Goudkamp
Название: Scholars of Tort Law
ISBN: 150995208X ISBN-13(EAN): 9781509952083
Издательство: Bloomsbury Academic
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Цена: 47510.00 T
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Описание: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Название: Causation in european tort law
ISBN: 1108418368 ISBN-13(EAN): 9781108418362
Издательство: Cambridge Academ
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Цена: 187970.00 T
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Описание: Causation in tort law is a highly debated subject. This book takes an original and comparative approach to the topic. The volume investigates issues lying beneath causation across many European legal systems, providing a coherent and comprehensive analysis that will appeal to scholars, students and legal professionals.

Автор: Allan Beever
Название: A Theory of Tort Liability
ISBN: 1509903186 ISBN-13(EAN): 9781509903184
Издательство: Bloomsbury Academic
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Цена: 89760.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's The Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms: liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States. (Series: Hart Studies in Private Law, Vol. 16) Subject: Contract Law, Commercial Law, Tort Law, Legal Philsophy, Comparative Law, Restitution Law] ? ? ? ?

Автор: Rachael Mulheron
Название: Principles of Tort Law
ISBN: 1108727646 ISBN-13(EAN): 9781108727648
Издательство: Cambridge Academ
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Цена: 48570.00 T
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Описание: This book does what it `says on the tin` - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.

Автор: Turner Chris
Название: Tort Law
ISBN: 0415833345 ISBN-13(EAN): 9780415833349
Издательство: Taylor&Francis
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Цена: 9330.00 T
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Описание:

Key Facts Key Cases: Tort Law will ensure you grasp the main concepts of your Tort Law module with ease. This book explains the facts and associated case law for:

Автор: Hylton
Название: Tort Law
ISBN: 1107563429 ISBN-13(EAN): 9781107563421
Издательство: Cambridge Academ
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Цена: 40120.00 T
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Описание: Tort Law: A Modern Perspective offers an up-to-date introduction to tort law for law students, lawyers, and others. Moving beyond the basics, it invites readers to think critically about policy rationales for the law and exposes them to modern analytical tools including cost-benefit analysis and game theory.