Torts in a Nutshell (West Nutshell Series) [Paperback]

Edward J. Kionka (Author)

Book Description

Publication Date: July 1999 | ISBN-10: 0314235256 | ISBN-13: 978-0314235251 | Edition: 2nd

This Nutshell provides a foundation for tort law by introducing its origins, its objectives, and an overview of tort liability. Physical harm is discussed, including strict liability and negligent conduct liability, as well as defenses to negligence liability. Covers tort and contract law and explores survival and wrongful death.

Editorial Reviews

About the Author

Professor of Law, Southern Illinois University School of Law

Product Details

• Paperback: 513 pages
• Publisher: West Group; 2nd edition (July 1999)
• Language: English
• ISBN-10: 0314235256
• ISBN-13: 978-0314235251
• Product Dimensions: 7.4 x 4.9 x 0.9 inches
• Shipping Weight: 1.1 pounds
• Average Customer Review: 3.5 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #1,213,548 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

42 of 49 people found the following review helpful:

2.0 out of 5 stars An Okay Book, But There Are Better Ones For Students, July 11, 2001

By 

KC Reviews (Washington, DC) - See all my reviews

This review is from: Torts in a Nutshell (West Nutshell Series) (Paperback)

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.

4 of 30 people found the following review helpful:

5.0 out of 5 stars Torts by Kionka, May 31, 2004

By 

Joseph S. Maresca "Dr. Joseph S. Maresca CPA,... (Bronxville, New York USA) - See all my reviews
(HALL OF FAME REVIEWER)    (TOP 1000 REVIEWER)    (REAL NAME)   

This review is from: Torts in a Nutshell (Nutshell Series) (Paperback)

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.