Torts in a Nutshell (Nutshell Series)
by Edward J. Kionka
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Book Summary Information
Author: Edward J. KionkaEdition: Paperback
Published: 2005-04-01
ISBN: 0314152199
Number of pages: 515
Publisher: West
Book Reviews of Torts in a Nutshell (Nutshell Series)
Book Review: Torts by Kionka
Summary: 5 Stars
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 of
tort 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 the
person(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's
injury. Generally, a jury need only draw a reasonable inference
of 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 worthy
purchase for a wide constituency of users in government, law
and academe.
Summary of Torts in a Nutshell (Nutshell Series)
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.General Books
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