A clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes... This description may be from another edition of this product.
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.
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