Customer Reviews

Torts in a Nutshell (Nutshell Series)

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Honestly, this is a book you don't need. Torts are not that difficult and this text is not the best aid for a student. While it comprehensive on the subject, you'd be better served to supplement your casebook with a guide like an Emanuel or Gilberts. Because Torts are not that complex, the brevity and structure of those two will probablely better serve you when it comes time for the final. Furthermore, the Emmanuel's has two additions and tries to match sections to your casebook. While in general it is a fine book, if I were a student, I would go another route.

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.

The author explains many details on the fundamental

rationale of torts which admits to the fact

that someone has been harmed. The common law

developed a tort from a group of wrongs including

trespass, deceit, slander, assault and battery

convergence and a number of other offenses.

The mainstay claim amplified by the author

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 tort conduct must fall below an accepted

community threshold or standard of behavior/

performance.

Tort law has three main functions explained

in the book. 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.