Basic Tort Law: Cases, Statutes, and Problems (Aspen Casebook)

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The Fourth Edition ofBasic Tort Lawreinforces the strengths of earlier editions, including an emphasis on contemporary cases, solid attention to the Torts Restatements, and ample examples of statutes to reflect the growing role of legislatures in the field of torts. It includes additional up-to-date cases on topics such as the Supreme Court’s latest treatment of preemption in the products liability context and the primary assumption of risk doctrine, applied to spectators in a baseball stadium, reviewing recent pro-plaintiff developments in that setting. To clarify the significance of particular rules for slip and fall cases, natural accumulations, and injuries inflicted by third-party criminals, the material on specialelaborationsof duties to legal land entrants has been reorganized.

Modern cases with interesting facts:

• Sending a text to a driver: Does the sender owe a duty of care to someone injured in a vehicular accident caused in part by the text recipient’s texting while driving?
• World Trade Center bombing litigation:Applying the governmental/proprietary distinction to very large real estate operations by a public entity.
• Superstores and customer injuries:Whether abandoning the trespasser-licensee-invitee system should prevent application of the open and obvious danger rule when a customer was harmed by a large Costco merchandise display.
• Direct-to-consumer drug advertising:Applying the learned intermediary doctrine to drugs that are promoted directly to potential patients.

Statutes:

• Continuing the book’s substantial treatmentof statutes, all statutes are current as of the end of 2013 and some new ones have been added.

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Before entering law teaching, Arthur Best worked in the general counsel s office of the Federal Communications Commission, as a trial attorney for the Federal Trade Commission, as a project director for Ralph Nader s Center for Study of Responsive Law, and as a deputy commissioner in the New York City Department of Consumer Affairs. He has published broadly in fields including evidence, torts, advertising regulation, dispute resolution, and lawyers ethics. Among his books are When Consumers Complain (Columbia University Press: 1981), Evidence: Examples and Explanations (8th edition, Wolters Kluwer: 2012), Basic Tort Law (3d edition, Wolters Kluwer: 2010) (co-author), Basic Evidence Law (Wolters Kluwer: forthcoming 2013) and Wigmore on Evidence Supplement volumes (Wolters Kluwer: since 1995, currently three volumes each year). Recent articles are Winking at the Jury: Implicit Vouching Versus the Limits on Opinions about Credibility, 55 Ariz. L. Rev. (forthcoming 2013) (co-author), Student Evaluations of Law Teaching Work Well: Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree, 40 Southwestern L. Rev.1 (2007), Impediments to Reasonable Tort Reform: Lessons from the Adoption of Comparative Negligence, 40 Ind. L. Rev. 1 (2007), Internet Yellow Page Advertising, 55 Journal of the American Academy of Dermatology 67 (co-author) (2006). Best has served as Associate Dean for Academic Affairs at the law school and as president of the University s Faculty Senate. He has represented the Association of American Law Schools and the American Bar Association as a member and chair of law school accreditation inspection teams. He has also served on the board of directors of Colorado Lawyers for the Arts and of the Denver-based Hannah Kahn Dance Company.

David Jake Barnes is the Seton Hall University Distinguished Research Professor Law. Professor Barnes began teaching at Seton Hall in 1999 after being the Charles W. Delaney Professor of Law at the University of Denver and teaching with the economics and the law faculties at Syracuse University. Professor Barnes educational background includes undergraduate study at Dartmouth College and Wellesley College, an M.A. and Ph.D. in economics from Virginia Polytechnic Institute, and a J.D. from the University of Pennsylvania Law School. His casebooks and treatises include THE LAW OF INTELLECTUAL PROPERTY; BASIC TORT LAW: CASES, PROBLEMS, STATUTES, AND MATERIALS; CASES AND MATERIALS ON LAW AND ECONOMICS; STATISTICAL EVIDENCE IN LITIGATION: METHODOLOGY, PROCEDURE, AND PRACTICE; AND STATISTICS AS PROOF: FUNDAMENTALS OF QUANTITATIVE EVIDENCE. He has written dozens of articles in various areas of law including torts, intellectual property, contracts, antitrust, environmental law, evidence, remedies, and the use of statistical and scientific methods in court.