Torts in a Nutshell (Nutshell Series)

By Edward J. Kionka, Kionka, Jamie Abrams, et al.

Book Overview

"This Nutshell provides a comprehensive explanation of the basic principles and rules of American tort law as it exists today. This Nutshell has been used for over twenty-five years by law students, law graduates preparing for the bar exam, and others seeking an overview of tort topics. Coverage includes intentional torts and defenses, negligence and its defenses, strict liability, special liability rules for particular activities (such as landowners? liability, products liability, employers, employees, and contractors, and others), damages, the relation between tort and contract, immunities, survival and wrongful death, defamation, privacy, and misrepresentation. The introductory chapter provides background on the definitional dilemma; functions, goals and justifications of tort law; the evolution of tort law; and the roles of judges and juries. Citations to the Restatement of Torts are included. Discussions frequently include not only the rule but also its rationale for a clearer understanding and to aid memory."

• Format: Paperback
• Language: English
• ISBN: 0314152199
• ISBN13: 9780314152190
• Release Date: April 2005
• Publisher: West Academic
• Length: 515 Pages
• Weight: 0.94 lbs.
• Dimensions: 7.3" x 0.8" x 4.8"

Customer Reviews

Torts by Kionka

The fundamental rationale of torts admits to the fact that someone has been harmed. The common law developed a tort froma group of wrongs including trespass, deceit, slander, assault and battery convergence and a number of other offenses. The mainstay claim is that someone has sustained a loss because of another's act or failure to act. Therefore, a common element oftort liability is fault. The tortious conduct must fall below an accepted community threshold or standard of behavior/performance.Tort law has three main functions. It seeks compensation to theperson(s) incurring a loss as a result of another's conduct.It places the cost of compensation on those who should bear responsibility. The ultimate goal is to prevent a future recurrence/harm. In its simplest form, cause in fact is established by evidence which tends to show that the defendant's act or omission was a necessary antecedent to the plaintiff'sinjury. Generally, a jury need only draw a reasonable inferenceof causation so that its determination is final.The work has a generous coverage of the origins of torts,causation, strict liability, liability for negligent conduct,intentional misconduct, defenses, special liability rules,damages for physical harm and immunities. The work is a worthypurchase for a wide constituency of users in government, lawand academe.